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TERMS OF USE

These Terms of Use (these "Terms") shall govern your ("You" or "Your") access and use of the website located at WisePal.com (the "Website"), an online resource for information, activities, products and services. By using or accessing the Website you agree to be bound by these Terms.

You agree that we may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liabilty. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with WisePal. If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Website on behalf of your employer or other entity. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are a resident or from which you use the Website

We may, in our sole discretion, refuse to offer our services to any person or entity. We further may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.

If you violate these Terms, WisePal reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Website. You agree that WisePal does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice in its sole discretion.

1. Access to the Website ‍

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. WisePal does not provide you with the equipment to access and/or use our Website. WisePal cannot guarantee that the Website will always function without disruptions, delays, or errors. Several factors may impact the quality of your communications and use of the Website and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. WisePal takes no responsibility for any disruption, interruption, or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).

2. The Services

WisePal provides a platform that assists users to reduce their monthly bills ("Platform") by accessing (via machine learning means) relevant users' emails, in order to extract monthly bills and locate information related to their monthly bills, and generating apples-to-apples comparison (the “Comparison”) with other products or services in the market ("Services"). Based, among other things, on such Comparison, WisePal then connects users with certain agencies (“Partners”), such as Burczak, Inc. d/b/a The Region Insurance Agency (“Burczak”).  Burczak is acting as the agent of certain insurance companies in selling insurance, in which it receives compensation based on the premiums for the insurance policies it sells.  Burczak and other Partners will present the user with various quotes from third parties that provide the products or services in connection with which the user uses the Platform and Website ("Providers"), in order to help the user to find a better rate for the same type of product or service. The Platform enables its users to analyze their expenses in light of the insightful information provided to them via the Platform and the Partners. The Website is designed to provide essential information on the Platform and Services to current and potential users and to enable users to contact WisePal or its Partners regarding the Services.

3. Account Information

When you wish to register to our Platform and use the Services, you will be required to register and create a user account ("Account"). By your confirmation to connect the Website and Platform to your email operators such as Google, Yahoo, or Microsoft, you create an Account. When you log-in to your Account to use the Platform via the Website, we will use a Single Sign-On account ("SSO") such as Yahoo, Google or other email accounts. Signing in via the SSO will provide us with access to information these SSO services obtain about you, and all in accordance with your specific email account's privacy settings ("Login Information"). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information.

(i).     You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account.

(ii).    In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify WisePal and modify your Login Information;

(iii).  You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;

(iv).   You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You, therefore, acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;  

(v).    You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or accessing or using the Website, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Website by any of the above mentioned.

4. Account Termination

4.1.    WisePal may refuse access to the Website or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Website, or WisePal's intellectual property as determined by WisePal in its sole discretion.

4.2.     If you wish to terminate your Account, you may do so by contacting us at: [contact@wisepal.com].

4.3.    All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Data, ownership provisions, disclaimers, indemnity and limitations of liability.

5. User Data

5.1.    By creating an Account, you allow WisePal, inter alia, to scan your emails (via machine learning means) and locate email messages that contain relevant information on your monthly bills ("User Data"). By providing WisePal with access to such User Data you are granting WisePal a license to modify (for technical purposes), and reproduce such User Data, all solely as required in order to enable WisePal to operate the Services. You agree that these rights and licenses are royalty-free, worldwide, and irrevocable (provided that when you terminate your Account, Wisepal will stop scanning your email messages), and include a right for WisePal to make such User Data available to, and share these rights along with others with whom WisePal has contractual relationships related to the provision of the Services, solely as required for the purpose of providing such Services. Furthermore, WisePal will not use or transfer User Data for serving ads, including retargeting, personalized, or interest-based advertising. Notwithstanding the foregoing, WisePal is allowed to permit access to and/or disclose your User Data to third parties if WisePal determines such access is necessary to comply with its legal obligations.

5.2.    You hereby represent and warrant that you have full right and authority to create an Account and to provide WisePal with User Data, including, without limitation, any third party's consent (to the extent required under any applicable law).

5.3.    By registering for the Services, by creating an Account, and by accepting these Terms, you are expressly authorizing WisePal to disclose your User Data, which includes your personal information, to any Partner, in order for such Partner to provide you with an applicable quote, all in accordance with, and subject to WisePal's Privacy Policy (as defined below).

5.4.    It is hereby clarified that WisePal is not obligated to backup any User Data. You are solely responsible for creating backup copies of your User Data if you desire. Also, as you are solely responsible for your User Data, you assume all risks associated with the use of your User Data, including any reliance on its accuracy, completeness, or usefulness by WisePal and/or its affiliate and/or any Partner or Provider, or any disclosure of User Data that personally identifies you or any third party.

6. Rules of Conduct and Usage

6.1.    You represent and warrant that you have full right and authority to use the Website and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of the Website and/or the transmission of technical data exported from the country in which you reside. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.

6.2.    You undertake that you shall not defraud, or attempt to defraud WisePal, and that you shall not act in bad faith in your use of the Website. If WisePal determines that you have acted in bad faith and/or in violation of these Terms, or if WisePal determines that your actions fall outside of reasonable community standards, WisePal may, at its sole discretion, prohibit you from using the Website. You agree that your use of the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

(i).     Access the Website if you are barred under the provisions of these Terms or any applicable law;

(ii).   Promote, host or display the Website on any websites that: (i) contain indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by WisePal at its sole discretion), defamatory, libelous, obscene, gambling-related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities or otherwise offensive content, or content addressed to individuals under the age of 18; (ii) incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights; (iii) are an incentive-based website, such as a lottery or sweepstakes site which rewards users for clicking on links; (iv) engage in activities that violate WisePal's Privacy Policy; (v) openly encourage users to click on banner ads or other sponsored links to support the Website; or (vi) infringe any right of any third party or violate any applicable law or regulation;

(iii).  Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically, or in any other manner;

(iv).  Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by WisePal or by applicable statutory law), modify or alter any part of the Website;

(v).    Provide (or attempt to provide) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website;

(vi).  Violate the contractual, personal, intellectual property or other rights of any party including by providing, using, transmitting, or otherwise making available any information or material made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other rights of any party (including rights of privacy or publicity);

(vii). Create false personas, multiple identities, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Website is accessed;

(viii).    Attempt to obtain passwords or other private information from other users including personally identifiable information (whether in text, image, or video form), identification documents, other information;

(ix).  Improperly use support channels or complaint buttons to make false reports to WisePal;

(x).     Access Website with any bot, spider, crawler, or other automated system or process, or bypass robots.txt exclusion files or other measures WisePal may use to prevent or regulate access to Website.

(xi).  Make representations with respect to WisePal not approved in advance and in writing by WisePal. You shall obtain WisePal's prior written approval to the content of any marketing message, and with respect to any use of WisePal's trade name and/or trademarks and/or designs in connection with the Website;

(xii). Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

(xiii).    Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website;

(xiv).Attempt to use the Website on or through any service that is not authorized by WisePal. Any such use is at your own risk and may subject you to additional or different terms. WisePal takes no responsibility for your use of the Website through any service that is not authorized by it;

(xv). Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; and/or

(xvi).Interfere with the ability of others to enjoy using the Website, including disruption, overburden or aid the disruption or overburdening of the Website's servers, or take actions that interfere with or materially increase the cost to provide the Website for the enjoyment of all its users.

7. Intellectual Property Ownership

7.1.    Without derogating from any other terms herein, WisePal and/or its affiliates retain all rights in the Website and its materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Website Materials"). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website pursuant to these Terms or otherwise exploit any of the Website Materials without WisePal's explicit, prior written consent. The foregoing shall not apply to your own User Data provided by you in accordance with these Terms. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written consent from WisePal. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.

7.2.    WisePal and/or its licensors and affiliates own all rights, titles, and interests, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website or by accessing any of the Website Materials, or rights to any derivative works thereof.

8. Third Party Material

8.1.    You may be able to access, review, display or use third-party websites, resources, content, information, or links to other websites or resources (the "Third Party Materials") via the Website. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of, or reliance upon any such Third Party Materials, and WisePal disclaims any liability that you may incur arising from your access to, use of, or reliance upon such Third Party Materials through the Website. You acknowledge and agree that WisePal: (i) is not responsible for the availability, accuracy integrity, quality, or lawfulness of such Third Party Materials or the products or Website on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Website. Your ability to access or link to Third Party Materials or a third party website does not imply any endorsement by WisePal of Third Party Materials or any such third party website.

8.2.    These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

8.3.    Without derogating from any of WisePal's rights and remedies under these Terms and/or under law, WisePal will be entitled, at its sole discretion, to immediately discontinue the Website or any part thereof, in the event of any alleged infringement, misappropriation, or violation of any rights of any third parties in connection with the Third Party Materials.

8.4.    You may not use any Third Party Materials for which you have not obtained appropriate approval to use. WisePal cannot grant permission to use third party content.

9. Links

The Website may contain links to other websites, applications, or resources (the "Linked Sites"). The Linked Sites are not under the control of WisePal and WisePal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WisePal is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by WisePal of the site or any association with its operators. You acknowledge and agree that WisePal will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or Website available on or through any such site or resource.

10. Payment and Billing

10.1. WisePal does not currently charge users for the Services but it reserves the right to do so in the future. In the event that any Services you are using will result in a fee, WisePal will notify you in advance within a commercially reasonable time.

10.2. WisePal may receive compensation in connection with the products or services presented to user under the Platform and Website.

11. Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Website, whether by email or otherwise (collectively, "Feedback"), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and WisePal is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that WisePal is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

12. Privacy

Matters related to privacy are also governed by WisePal's Privacy Policy, available here https://www.wisepal.com/privacy (the "Privacy Policy"), as amended from time to time which constitutes an integral part of these Terms by way of reference, and by using or accessing the Website you agree to be bound by its terms and conditions. Unless the context otherwise requires, all reference herein to these Terms, shall also include the Privacy Policy. We advise you to carefully read the Privacy Policy.

13. Disclaimers; Limitation of Liability; Indemnification

13.1. You acknowledge and agree that your use of or access to the Website and/or any materials and/or services, if any, offered by WisePal shall be at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Website or any part thereof. To the fullest extent permitted by law, WisePal, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.  

13.2. You agree that your use of the Website shall be at your sole risk. WisePal makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, of any Third Party Materials and assumes no liability or responsibility for any:

(i).     Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;

(ii).   Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;

(iii).  Unauthorized access to or use of Third Party Materials, secure servers, and/or any and all personal information stored therein;

(iv).  Interruption or cessation of transmission to or from the Website;

(v).    Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; or

(vi).  Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.

13.3. You acknowledge and agree that: (i) WisePal is acting as a facilitator between user and Partners and potential Providers, and share Provider's quote with user, and as such, WisePal has no authority to bind you or the Provider to any agreement. Therefore, any engagement between you and any Provider (if any), including the payment thereof, will be made directly between you and such Provider through WisePal’s Partners. WisePal will not be a party to such engagement; (ii) neither WisePal nor any of its affiliates shall provide, or intend to provide, any advice, whether business, tax, or otherwise, concerning any quote provided to you, and you shall consult with and only rely on your own independent, professional advisers in respect of the foregoing; and (iii) WisePal cannot guarantee that the results of using the Services will meet all of your requirements.

13.4. WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WISEPAL, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS, AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WISEPAL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WISEPAL SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE, AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. WISEPAL'S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED US$100.

13.5. The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by WisePal.

13.6. You agree to indemnify and hold WisePal, and each of its directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:

(i).     Your use of and access to the Website;

(ii).   Your violation of any term of these Terms;

(iii).  Your violation of any third party right, including without limitation any copyright, property, or privacy right;

(iv).  Any claim that any user submission made by you has caused damage to a third party; or

(v).    Any User Data provided by you through the Website.

14. Notices

Notices to you may be made via the Website and/or to your email address. WisePal may also provide notices of changes to these Terms or other matters by sending notices or links to notices to you generally on the Website and/or your email. You agree that all agreements, notices, disclosures, and any other communications that WisePal provide as aforementioned satisfy any legal requirement that such communications be in writing.

15. General

By using or visiting the Website, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and WisePal. Any claim or dispute between you and WisePal that arises in whole or in part from your use of the Website shall be decided exclusively by courts of competent jurisdiction located in the state of Delaware, to the exclusion of any other courts, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts of the state of Delaware. WisePal reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND WISEPAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

For any questions about these Terms of Use or any other issue regarding WisePal or the Website please contact us at: contact@wisepal.com

Last update: March 3, 2022