Terms of Service
The following terms and conditions govern all use of the wylto.com website and all content, services, and products available at or through the website, including, Wylto android app and chrome extension, (taken together, our Services). Our Services are
offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Wylto's Privacy Policy) and procedures
that may be published from time to time by Wylto (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of
this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Wylto, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services.
Use of our Services requires a wylto.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible
for keeping your password secure.
Wylto Platform; Subscription Plans; License Fee. Wylto will provide the Wylto Platform in accordance with the description and subscriptions terms set out in the applicable subscription plan you select when you register for the Wylto Platform or as otherwise agreed upon in writing by the parties (the “Subscription Plan”). The Subscription Plan will set forth the license fees, if any, payable by Developer or Organization (the “License Fees”), and the terms and features applicable to such Subscription Plan, including the number of published Bots and queries supported, the level of available analytics and collaboration tools, and the support available. The initial term of the License (“Initial Term”) will be as set forth in the applicable Subscription Plan, and will automatically renew for additional terms of the same length (each a “Renewal Term”) unless either party gives notice of nonrenewal at least ten (10) days prior to end of the Initial Term or Renewal Term (the Initial Term and all Renewal Terms shall collectively constitute the “Term”). If no Initial Term is specified in the Subscription Plan, the Term will be month-to-month. Wylto may increase the License Fees and otherwise change its fee structure and subscription terms or features of your Subscription Plan for any Renewal Term by providing Developer or Organization with written notice of such changes at least ten (10) days prior to the commencement of such Renewal Terms. All License Fees will be nonrefundable, except as otherwise specifically provided in the Subscription Plan or in these Terms of Use. The Subscription Plan will also set out any technical support that may be available and specify the service level agreement, if any, that may be applicable (the “SLA”), which SLA, if applicable, will be incorporated by reference into this Agreement.
License
License Grant. Subject to these Terms of Use, the limitations set forth in each Subscription Plan, and timely payment of all applicable License Fees, if any, set forth in the selected Subscription Plan, Wylto hereby grants to Developer or Organization a limited, nonexclusive, nontransferable license during the Term to access and use the Wylto Platform (the “License”).
Restrictions and Limitations. Developer or Organization may not: (a) license, sublicense, sell, resell, rent, transfer, assign, distribute or otherwise commercially exploit or make the Platform, or any portion thereof, available to any third party, except as expressly permitted herein and subject to the terms set forth in these Terms; (b) reverse engineer, disassemble, or decompile the App or any other software required for use in connection with the Platform or otherwise attempt to discover the source code for, or any trade secrets related to, the App or the Platform; (c) remove any copyright, trademark or other proprietary notices from the Platform, or any component thereof; (d) modify, alter or create any derivative works of the Platform or any component thereof; (e) reproduce or distribute the App or the Platform or copy any ideas, features, functions, or content thereof, except as expressly permitted under these Terms; or (f) use the Platform, or any component thereof, for any purposes other than as expressly permitted herein. In using the Platform, You must at all times comply with all applicable laws, rules and regulations. All rights not expressly granted in these Terms are reserved by Wylto.
Termination. Either party may terminate the Subscription Plan by giving written notice at least ten (10) days prior to the end of the Initial Term or Renewal Term, which termination will be effective at the end of such Initial Term or Renewal Term. In addition, either party may terminate the Wylto Platform upon thirty (30) days written notice to the other party in the event of a material breach by the other party that is not cured within such thirty-day notice period. In the event that Customer terminates for a material breach by Wylto, Wylto will provide a prorated refund of any unused portion of the License Fees. Wylto may terminate the Service immediately, with or without notice, in the event that Developer or Organization is using the Wylto Platform in a manner that is fraudulent or illegal, that disrupts the Wylto Platform, or that poses any security risk or other harm to Wylto or its users or that infringes upon or violates the intellectual property rights of Wylto or any third party. No refund will be provided in connection with any such termination by Wylto. Upon termination of the Wylto Platform, Customer will cease all use of the Wylto Platform, and Wylto will delete all of the Bots and Developer or Organization Content that may be stored in connection with the Wylto Platform. The following sections shall survive any termination or expiration of the Term, the Wylto Platform or these Terms of Use: Sections 3.2, 3.3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.
Suspension of Services. Wylto may suspend Developer or Organization's right to access or use any or all of the Wylto Platform immediately upon notice to you if Wylto believes in good faith that: (a) Developer or Organization’s use of the Wylto Platform: (i) poses a security risk to the Wylto Platform or any third party, (ii) may adversely impact the Wylto Platform or the systems or content of any other user, or (iii) may subject Wylto, its users, or any third party to liability; or (b) Developer or Organization is in material breach of any of these Terms, including without limitation the Developer or Organization Content rules or Developer or Organization Conduct rules set forth in Section 6 below, or if Developer or Organization fails to pay the License Fees on a timely basis.
Ownership of Platform. The Wylto Platform, and all content and materials contained therein other than any Developer or Organization Content (as defined below), are owned solely by Wylto and are protected by U.S. and international copyright laws. No title to or ownership of the Platform, the App, the Wylto Platform or any proprietary rights associated therewith is transferred to you by these Terms.
Feedback. In the event that you provide Wylto with any comments, suggestions, opinions, observations, usage information, and feedback on the Platform, including ideas for improvements, enhancements and other changes to the Software (collectively the “Feedback”). You agree that such Feedback is the confidential information of Wylto and that Wylto will be the sole owner of all Feedback, including all patent, copyright, trademark, trade secret and other intellectual property rights therein, and may use and implement such Feedback in whole or in part without any notice or attribution, payment or other compensation, to you or any third party. You hereby assign to Wylto all right, title and interest you may have in and to all Feedback. You further agree to execute such documents and take, at Wylto’s expense, such actions as Wylto may reasonably request to effect, perfect, confirm and enforce Wylto’s ownership interests and other rights as set forth in this Section 2.
Developer or Organization Content and Conduct
Developer or Organization Content Rules. Developer or Organization may create or provide content, data, code, information, documents and other items (including Bots) for use in connection with the Wylto Platform (collectively the “Developer or Organization Content”). Developer or Organization is solely responsible for all Developer or Organization Content, and Wylto shall not be responsible or liable in any manner for such Developer or Organization Content or for the use, availability, deletion, correction, destruction, damage, or loss thereof. Developer or Organization shall not create, upload, transmit, publish or otherwise use, on or in connection with the Wylto Platform, any Developer or Organization Content that: (a) infringes upon or violates the rights of any third party including any copyright, trademark, trade secret, or other intellectual property rights, rights of publicity, rights of privacy, or contract rights; (b) is illegal, defamatory, obscene, pornographic, vulgar, indecent, lewd, offensive, threatening, abusive, harmful, inflammatory, deceptive, false, misleading, or fraudulent; (c) promotes hatred, discrimination, bigotry, racism, harassment, violence or harm against any individual or group; (d) violates, or encourages any conduct that would violate, any applicable laws, rules or regulations or give rise to any civil liability; (e) contains any viruses, corrupted data or other harmful, disruptive or destructive files; (f) restricts, interferes with or inhibits any other person from using or enjoying the Wylto Platform; (g) that is directed to children under 13, contains any protected health information or involves financial products or services; or (h) that would otherwise expose Wylto or any third party to liability, special regulations, or harm of any kind. Wylto reserves the right to delete or block access to any Developer or Organization Content at any time and for any reason in its sole discretion, including if it receives any notices or otherwise believes that such Developer or Organization Content may be in violation of these Terms or Use or may otherwise violate the rights of, or cause any harm or liability of any kind to, Wylto or any third party.
License to Developer or Organization Content. We claim no ownership rights in Developer or Organization Content. Developer or Organization hereby grants to Wylto a nonexclusive, non-transferable, royalty-free, sublicensable, worldwide license to access, reproduce, distribute, publish, display, perform, adapt, modify and otherwise use the Developer or Organization Content to provide and maintain the Wylto Platform as set forth in this Agreement.
Developer or Organization Conduct Rules. Developer or Organization is solely responsible for Developer or Organization’s conduct and agrees not to do any of the following in connection with the Wylto Platform: (a) use the Wylto Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying and using the Wylto Platform or that could damage, disable, disrupt, overburden or impair the functioning of the Wylto Platform in any manner; (b) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (c) stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users; (d) send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; (e) harvest or otherwise collect or disclose information about other users without their consent; (f) use the Site or the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use; or circumvent or attempt to circumvent any filtering, security measures or other features Wylto may from time to time adopt to protect Wylto, the Wylto Platform, its users or third parties; (g) use any data mining, robots or similar data gathering or extraction methods; and (h) distribute or enable any malware, spyware, adware or other malicious code. Developer or Organization acknowledges and agrees that Wylto is not liable in any manner for the conduct of other users of the Wylto Platform.
Developer or Organization Representations and Warranties; Indemnity. Developer or Organization represents and warrants that (a) the Developer or Organization Content is original to Developer or Organization and do not and will not infringe upon or violate the intellectual property or other rights of any third party or these Terms, and (b) Developer or Organization will comply with all applicable laws, rules or regulations in connection with its use of the Wylto Platform. Developer or Organization shall defend, indemnify, and hold Wylto harmless from and against all third party claims, actions, proceedings, damages, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorney fees) arising out of or related to the Developer or Organization Content, Developer or Organization’s conduct, use or misuse of the Wylto Platform, or any breach or alleged breach of any of the representations or warranties set forth in this Agreement.
Payment Terms
Payment. Unless otherwise expressly set forth in the applicable Subscription Plan or agreed to in writing by the parties, payment of the License Fees will be by credit card, and Wylto will automatically charge Developer or Organization's credit card on file in advance for the License Fees for the Initial Term and each Renewal Term (e.g. each month for a month-to-month subscription) until the subscription is terminated by either party. Developer or Organization will update the credit card information as necessary to ensure that Wylto always has a valid credit card number on file.
Failure of Payment. Upon notice by Wylto that it is unable to charge Developer or Organization’s credit card for the License Fee, Developer or Organization will immediately supply an alternative card or pay such License Fee by other means. In addition to other remedies available to Wylto, any payment not received by Wylto when due, including due to any inability to charge Developer or Organization’s credit card, will accrue interest at the rate of one and one-half percent (1.5%) per month or the highest rate permitted by applicable usury law, whichever is less. Payment of such interest will not excuse or cure Developer or Organization's default for late payment. In addition, failure of Developer or Organization to pay License Fees or other amounts due under these Terms of Use fully within fourteen (14) days after the applicable due date shall be deemed a material breach of these Terms of Use, justifying immediate suspension of Developer or Organization's access to the Wylto Platform. Any such suspension shall not relieve Developer or Organization of its obligation to pay any License Fees, plus late fees as provided for herein. Developer or Organization shall reimburse Wylto for all collection expenses incurred by Wylto, including, without limitation, agency fees, attorneys' fees, and costs.
Taxes. The License Fee and other charges to Developer or Organization by Wylto do not include any applicable taxes. Developer or Organization agrees to pay all present and future taxes arising out of or related to the performance of the obligations described in these Terms of Use, excluding any income or gross receipts tax imposed on Wylto.
Limited Warranty
Developer or Organization represents and warrants that the Wylto Platform, when used as authorized in these Terms, excluding any Developer or Organization Content or Third-Party Content, do not infringe upon or violate the intellectual property rights of any third party.
DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, Developer or Organization ACKNOWLEDGES THAT THE Wylto PLATFORM AND ALL ITEMS AND SERVICES PROVIDED IN CONNECTION THEREWITH ARE BEING PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR ARISING BY LAW, REGARDING THE Wylto PLATFORM (INCLUDING THE APP, THE SITE, AND THE HOSTING SERVICES) OR ANY CONTENT OR OTHER ITEMS YOU MAY FIND ON THE Wylto PLATFORM, INCLUDING WITHOUT LIMITATION REGARDING THE RELIABILITY, AVAILABILITY TIMELINESS, QUALITY, SUITABILITY, PERFORMANCE, SECURITY, ACCURACY OR COMPLETENESS. Wylto EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITION, WITHOUT LIMITING THE FOREGOING, Wylto DOES NOT REPRESENT OR WARRANT THAT (A) THE Wylto PLATFORM WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULTS; (C) ANY DATA, ANALYSIS OR REPORTS SHALL BE ACCURATE OR RELIABLE; (D) MINOR ERRORS OR DEFECTS SHALL BE CORRECTED; (E) THAT THE SERVICES SHALL BE UNINTERRUPTED OR FREE FROM BUGS, ERRORS, OMISSIONS OR INTERRUPTIONS; OR (F) THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Responsibility of Visitors
Wylto has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Wylto does not represent
or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Wylto disclaims any responsibility for any harm resulting from the use by
visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which wylto.com links, and that link to wylto.com. Wylto does not have any control over those non-wylto.com
websites, and is not responsible for their contents or their use. By linking to a non-wylto.com website, Wylto does not represent or imply that it endorses such website. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wylto disclaims any responsibility for any harm resulting from your use of
non-wylto.com websites and webpages.
Intellectual Property
This Agreement does not transfer from Wylto to you any Wylto or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Wylto.Other trademarks, service marks, graphics
and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Wylto or third-party trademarks.
Copyright Infringement
The videos, articles and other content made available on third-party websites may be protected by copyright and other applicable laws.We do not necessarily monitor any materials posted, transmitted, or saved to or with the Wylto. By posting, sharing
or saving any videos, articles or content, you represent that doing so does not infringe any third party’s copyrights, trademarks, privacy rights or other intellectual property or legal rights of any kind.We also
reserve the right to terminate the account of any user who transfers or saves content in violation of this Agreement. We shall have no liability or responsibility to users for performance or nonperformance of such
activities. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate the terms of this Agreement or infringe any third party’s legal rights.
Changes
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email
or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using
our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including
the binding individual arbitration clause) that were in place when the dispute arose.
Podcast Rss feed rules
By submitting an RSS feed of a podcast you are indicating that you have the worldwide ownership rights to distribute the content.
If you add another party’s content without their permission, it may result in the termination of your account and other legal action from the content owners.
If we have reason to believe that you don’t have the rights to content on your Podcast Portal account, we may not allow the content to be published or may remove the content if it’s already been published.
Termination
Wylto may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your wylto.com account (if you have one), you may simply
discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Wylto and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Wylto nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat.
You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Indemnification
You agree to indemnify and hold harmless Wylto, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of
our Services, including but not limited to your violation of this Agreement.
Refund Policy
Monthly Subscription Cancellations
- Cancellation Policy:
- Subscribers may cancel their monthly subscription at any time.
- The cancellation will take effect immediately, and the subscriber’s account will be deactivated at the end of the current billing cycle.
- Subscribers can initiate the cancellation process by visiting their account settings and selecting the “Cancel Subscription” option.
- Refund Conditions:
- Upon cancellation of a monthly subscription, there will be no refunds issued for the remaining days in the current month.
- No partial refunds will be provided under any circumstances. This includes not using the service during the period after cancellation but before the end of the month.
- All services accessed up to the point of cancellation will be fully chargeable.
Yearly Subscription Cancellations
- Cancellation Policy:
- Yearly subscription cancellations can be made at any time during the subscription period.
- To cancel, subscribers must navigate to their account settings and select the “Cancel Subscription” option. Confirmation of cancellation will be communicated via email.
- Refund Conditions:
- Refunds for yearly subscriptions will be calculated based on the number of full months remaining in the subscription period at the time of cancellation.
- The refund amount will be determined by deducting the cost of the months already used, calculated at the standard monthly subscription rate, from the total amount paid for the yearly subscription.
- For example, if a subscriber cancels their yearly subscription after three months, the refund will be calculated by charging for these three months at the monthly rate and refunding the balance.
- The refund will be processed to the original method of payment within a certain number of days (specify the number, typically 7-14 business days).
- Miscellaneous:
- Any promotions or discounts received at the time of the original purchase may not apply to the months already used when calculating refunds. This could affect the total refundable amount.
- Subscribers are encouraged to consider their usage plans before opting for a yearly subscription due to the nature of the refund calculations.
By subscribing to our services, you agree to these terms and conditions regarding cancellations and refunds. We reserve the right to modify these policies at any time, and such modifications will be effective immediately upon posting the updated terms on our website. Please check our terms and conditions regularly to ensure you are aware of any changes.
Limitation of Liability
In no event will Wylto, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential
damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data;. Wylto shall have no liability for any failure or delay due to matters beyond
their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The content in this Agreement is repurposed from here under a Creative Commons Sharealike license.