Last updated: October 22, 2019
Welcome, and thank you for your interest in Wask, Inc. (“Wask,” “we,” or “us”) and our website at wask.co, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Wask regarding your use of the Service.
Please read the following terms carefully
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING WASK’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES WASK MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND WASK’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY WASK AND BY YOU TO BE BOUND BY THESE TERMS.
Please read the Wask Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Wask Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Arbitration notice
Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND WASK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16).
1. Wask Service Overview
The Service provides a digital marketing management tool that enables users to create and managedigital ads on digital marketing platforms, in addition to other tools (such as Autopilot, Scheduler, Performance Comparsion etc.) to help manage users’ digital ads.
2. Eligibility
You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
3. Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@wask.co.
4. General Payment Terms
Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
4.1 Price
Wask reserves the right to determine pricing for the Service. Wask will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://wask.co/prices. Wask may change the fees for any feature of the Service, including additional fees or charges, if Wask gives you advance notice of changes before they apply. Wask, at its sole discretion, may make promotional offers with different features and different pricing to any of Wask’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorization
You authorize Wask to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Wask, to the payment method specified in your account. If you pay any fees with a credit card, Wask may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Wask to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: wask.co/my-profile and clicking on the "Cancel Plan" option or by contacting us at: support@wask.co.
4.4 Delinquent Accounts
Wask may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
5. Licenses
5.1 Permission to Use
Subject to your complete and ongoing compliance with these Terms, Wask grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.
5.2 Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.
5.3 Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Wask an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
6. Ownership; Proprietary Rights
The Service is owned and operated by Wask. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Wask are protected by intellectual property and other laws. All Materials included in the Service are the property of Wask or its third party licensors. Except as expressly authorized by Wask, you may not make use of the Materials. Wask reserves all rights to the Materials not granted expressly in these Terms.
7. Third Party Terms
7.1 Third Party Services and Linked Websites
Wask provides tools through the Service that enable you to import and export information, including User Ads, to and from third party services, including through features that allow you to link your account on Wask with an account on a third party digital marketing platforms, such as Facebook Ads or Google Ads. By using one of these tools, you agree that Wask may transfer that information to and from the applicable third party service. Third party services are not under Wask’s control, and Wask is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Wask’s control, and Wask is not responsible for their ads.
7.2 Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
8. User Ads
8.1 User Ads Generally
Certain features of the Service may permit users to createadsinto the Service, which may be comprised ofreviews, photos, video, images, data, text, and other types of works (“User Ads”) and to manage User Ads on the Service. You retain any copyright and other proprietary rights that you may hold in the User Ads that you createinto the Service. Nevertheless, we need certain permission from you in order to provide the Service. 8.2 Limited License Grant to Wask
By providing User Ads to or via the Service, you grant Wask a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Ads, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3 Limited License Grant to Other Users
By providing User Ads to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Ads as permitted by these Terms and the functionality of the Service.
8.4 User Ads Representations and Warranties
Wask disclaims any and all liability in connection with User Ads. You are solely responsible for your User Ads and the consequences of providing User Ads via the Service. By providing User Ads via the Service, you affirm, represent, and warrant that
: a) you are the creator and owner of the User Ads, or have the necessary licenses, rights, consents, and permissions to authorize Wask and users of the Service to use and distribute your User Ads as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Wask, the Service, and these Terms;
b) your User Ads, and the use of your User Ads as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Wask to violate any law or regulation; and
c) your User Ads could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) your User Ads does not and will not contain Hateful Ads, a Threat of Physical Harm, or Harassment
The following serves as a guide to help illustrate generally the types of Ads that fall within the scope of Wask’s policy on Hateful Ads, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Ads may not include, and Wask may remove or refuse to create or manage any User Ads that violates the terms or policies of any third party platform with which Wask’s Services integrate or interoperate.
Hateful Ads includes:
Any statement, image, photograph, or other Ads that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.
A Threat of Physical Harm includes:
Any statement, photograph, content, or other Ads that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures.
Harassment includes:
• Revealing someone’s personal information, also known as “doxxing”.
• Online stalking, and bullying.
• Wishes for physical harm directed at a person or persons.
• Incitement of others to any of the previous items.
We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Ads, a Threat of Physical Harm, or Harassment.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
• An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Ads, Harassment, or A Threat of Physical Harm.
• A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Ads, Harassment, or A Threat of Physical Harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Ads we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
8.5 User Ads Disclaimer
We are under no obligation to edit or control User Ads that you or other users create or publish, and will not be in any way responsible or liable for User Ads. Wask may, however, at any time and without prior notice, screen, remove, edit, or block any User Ads that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Ads from a variety of sources and acknowledge that User Ads may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Wask with respect to User Ads. If notified by a user or Ads owner that User Ads allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Ads, which we reserve the right to do at any time and without notice. For clarity, Wask does not permit copyright-infringing activities on the Service.
8.6 Monitoring Ads
Wask does not control and does not have any obligation to monitor: (a) User Ads; (ii) any Ads made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Wask reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Wask chooses to monitor the Ads, Wask still assumes no responsibility or liability for Ads or any loss or damage incurred as a result of the use of Ads. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
9. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Ads; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
• modify or create derivatives of any part of the Service;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
• take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Wask’s systems or networks, or any systems or networks connected to the Service or Wask;
• sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or • attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
10. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
11. Term, Termination and Modification of the Service
11.1 Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.
11.2 Termination
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Wask may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at support@wask.co.
11.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Wask any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 12, 13, 14 and 15 will survive.
11.4 Modification of the Service
Wask reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Wask will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.
12. Indemnity
You are responsible for your use of the Service, and you will defend and indemnify Wask and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Wask Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND ADS AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WASK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND ADS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WASKDOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR ADS OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WASK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR WASK ENTITIES OR ANY MATERIALS OR ADS AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WASK ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER ADS.
HOWEVER, WASK DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WASK IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. 14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE WASK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR ADS ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY WASK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 15.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE WASK ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO WASK FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $230. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Wask regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.1 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
15.2 Contact Information
You may contact by emailing us at support@wask.co.
Welcome, and thank you for your interest in Wask, Inc. (“Wask,” “we,” or “us”) and our website at wask.co, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Wask regarding your use of the Service.
Please read the following terms carefully
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING WASK’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES WASK MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND WASK’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY WASK AND BY YOU TO BE BOUND BY THESE TERMS.
Please read the Wask Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Wask Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Arbitration notice
Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND WASK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16).
1. Wask Service Overview
The Service provides a digital marketing management tool that enables users to create and managedigital ads on digital marketing platforms, in addition to other tools (such as Autopilot, Scheduler, Performance Comparsion etc.) to help manage users’ digital ads.
2. Eligibility
You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
3. Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@wask.co.
4. General Payment Terms
Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
4.1 Price
Wask reserves the right to determine pricing for the Service. Wask will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information, located here: https://wask.co/prices. Wask may change the fees for any feature of the Service, including additional fees or charges, if Wask gives you advance notice of changes before they apply. Wask, at its sole discretion, may make promotional offers with different features and different pricing to any of Wask’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorization
You authorize Wask to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Wask, to the payment method specified in your account. If you pay any fees with a credit card, Wask may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service and Cancellation Policy
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Wask to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: wask.co/my-profile and clicking on the "Cancel Plan" option or by contacting us at: support@wask.co.
4.4 Delinquent Accounts
Wask may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
5. Licenses
5.1 Permission to Use
Subject to your complete and ongoing compliance with these Terms, Wask grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.
5.2 Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.
5.3 Feedback
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Wask an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
6. Ownership; Proprietary Rights
The Service is owned and operated by Wask. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Wask are protected by intellectual property and other laws. All Materials included in the Service are the property of Wask or its third party licensors. Except as expressly authorized by Wask, you may not make use of the Materials. Wask reserves all rights to the Materials not granted expressly in these Terms.
7. Third Party Terms
7.1 Third Party Services and Linked Websites
Wask provides tools through the Service that enable you to import and export information, including User Ads, to and from third party services, including through features that allow you to link your account on Wask with an account on a third party digital marketing platforms, such as Facebook Ads or Google Ads. By using one of these tools, you agree that Wask may transfer that information to and from the applicable third party service. Third party services are not under Wask’s control, and Wask is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Wask’s control, and Wask is not responsible for their ads.
7.2 Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
8. User Ads
8.1 User Ads Generally
Certain features of the Service may permit users to createadsinto the Service, which may be comprised ofreviews, photos, video, images, data, text, and other types of works (“User Ads”) and to manage User Ads on the Service. You retain any copyright and other proprietary rights that you may hold in the User Ads that you createinto the Service. Nevertheless, we need certain permission from you in order to provide the Service. 8.2 Limited License Grant to Wask
By providing User Ads to or via the Service, you grant Wask a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Ads, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3 Limited License Grant to Other Users
By providing User Ads to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Ads as permitted by these Terms and the functionality of the Service.
8.4 User Ads Representations and Warranties
Wask disclaims any and all liability in connection with User Ads. You are solely responsible for your User Ads and the consequences of providing User Ads via the Service. By providing User Ads via the Service, you affirm, represent, and warrant that
: a) you are the creator and owner of the User Ads, or have the necessary licenses, rights, consents, and permissions to authorize Wask and users of the Service to use and distribute your User Ads as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Wask, the Service, and these Terms;
b) your User Ads, and the use of your User Ads as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Wask to violate any law or regulation; and
c) your User Ads could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) your User Ads does not and will not contain Hateful Ads, a Threat of Physical Harm, or Harassment
The following serves as a guide to help illustrate generally the types of Ads that fall within the scope of Wask’s policy on Hateful Ads, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Ads may not include, and Wask may remove or refuse to create or manage any User Ads that violates the terms or policies of any third party platform with which Wask’s Services integrate or interoperate.
Hateful Ads includes:
Any statement, image, photograph, or other Ads that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.
A Threat of Physical Harm includes:
Any statement, photograph, content, or other Ads that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures.
Harassment includes:
• Revealing someone’s personal information, also known as “doxxing”.
• Online stalking, and bullying.
• Wishes for physical harm directed at a person or persons.
• Incitement of others to any of the previous items.
We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Ads, a Threat of Physical Harm, or Harassment.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
• An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Ads, Harassment, or A Threat of Physical Harm.
• A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Ads, Harassment, or A Threat of Physical Harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Ads we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
8.5 User Ads Disclaimer
We are under no obligation to edit or control User Ads that you or other users create or publish, and will not be in any way responsible or liable for User Ads. Wask may, however, at any time and without prior notice, screen, remove, edit, or block any User Ads that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Ads from a variety of sources and acknowledge that User Ads may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Wask with respect to User Ads. If notified by a user or Ads owner that User Ads allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Ads, which we reserve the right to do at any time and without notice. For clarity, Wask does not permit copyright-infringing activities on the Service.
8.6 Monitoring Ads
Wask does not control and does not have any obligation to monitor: (a) User Ads; (ii) any Ads made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Wask reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Wask chooses to monitor the Ads, Wask still assumes no responsibility or liability for Ads or any loss or damage incurred as a result of the use of Ads. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
9. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Ads; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
• modify or create derivatives of any part of the Service;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
• take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Wask’s systems or networks, or any systems or networks connected to the Service or Wask;
• sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or • attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
10. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
11. Term, Termination and Modification of the Service
11.1 Term
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.
11.2 Termination
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Wask may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at support@wask.co.
11.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Wask any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 12, 13, 14 and 15 will survive.
11.4 Modification of the Service
Wask reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Wask will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.
12. Indemnity
You are responsible for your use of the Service, and you will defend and indemnify Wask and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Wask Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND ADS AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WASK DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND ADS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WASKDOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR ADS OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WASK DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR WASK ENTITIES OR ANY MATERIALS OR ADS AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WASK ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER ADS.
HOWEVER, WASK DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WASK IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. 14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE WASK ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR ADS ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY WASK ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 15.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE WASK ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO WASK FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $230. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Wask regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.1 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
15.2 Contact Information
You may contact by emailing us at support@wask.co.