Terms of Service
The Wasp.io Terms of Service are between Wasp.io ("Service", "The Service", "Wasp.io", or "Wasp") and the customer subscribing to Wasp.io services ("you", or "customer"). By using the Wasp.io website or any of the services described herein, you are agreeing to be bound by the following terms of service ("Terms and Conditions").
Violation of the terms set forth in this document will result in the immediate termination of your Wasp.io account. Certain conduct is prohibited by Wasp.io as described below, and you understand and agree that Wasp.io cannot be responsible for conduct or activity on the Service, or for any "Content" transmitted, sent, posted, retrieved, or stored using Wasp.io. You agree to use the Service at your own risk. Within this agreement, "Content" means any data, information, text (written or otherwise), computer software, photographs, videos, or any other data which you may have access as part of, or through your use of the Service.
General Conditions
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- By using Wasp.io, you, and/or your company accepts public disclose of its integration with the Service via marketing activities and promotions used by the Service.
- You understand that the Service uses third party services and partners to provide the necessary technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service directly, or any other affiliated service.
- You may not access the Service for the purpose of bringing an intellectual property infringement claim against Wasp.io or for the purpose of creating a product or service which competes with this Service.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer of the Service will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve transmissions over various networks, and changed to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMS or text messages, or "spam" messages.
- You may not transmit any worms or viruses or any code of a destructive nature.
- If your API or website usage exceeds the account specified by your account plan, or significantly exceeds the average usage (as determined solely by Wasp) of other customers, we reserve the right to immediately disable your account or throttle your account until your usage is reduced.
- Wasp.io does provides no warranty that:
- the service will be uninterrupted, timely, secure, or error-free
- the service will meet your specific requirements
- the results that may be obtained from the use of the service will be accurate or reliable
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
- any errors in the Service will be corrected
- You understand and agree that Wasp.io or any affiliated companies shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Wasp has been advised of the possibility of such damages).
- Wasp.io shall in no event be liable for the loss of profits, goodwill, or any other damages suffered by registered members or users of Wasp.io.com as a result of of Wasp.io performance, or non-performance under the terms of this agreement, regardless of the expression of the disclosure of the possibility of damages. Wasp.io is not responsible or liable for any damages, whether indirect, direct, special, incidental, or other damages resulting from the usage of any Wasp.io information, or services. In situations where liability is mandated by law, Wasp.io liability on any judgement for damages arising out of or relating to this documentation or privacy policy shall not exceed, either jointly or severally, $200 USD.
- Neither of us will be in violation of these Terms of Service if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
- The Terms of Service are governed by the laws of the State of Iowa, exclusive of any choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicable. The Terms of Service shall not be governed by the United Nations Convention on the International Sale of Goods.
- Wasp.io may assign these Terms of Service in whole or in part to an affiliate with sufficient financial standing in order to meet its obligations under the Terms of Service or as part of a reorganization or a sale of its business, and your information may be transferred as part of any similar transaction.
- Wasp.io reserves the right to update and change the Terms of Service from time to time. Any new features that augment or enhance the current Service, including the release of new resources or tools, shall be subject to the amended Terms of Service as follows: Amended Terms of Service will become effective the earlier of either your acceptance of the amended Terms of Service, your continued use of the Services after written notice of the amended Terms of Service, or thirty days after the date the Service posts such amended Terms of Service on the website.
- The failure of Wasp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Wasp.io and govern your use of the Service, superseding any prior agreements between you and Wasp.io (including, but not limited to, any prior versions of the Terms of Service).
Indemnification
You, the user of Wasp.io accept all responsibility for, and hereby indemnify and hold harmless Wasp.io, its representatives, officers, agents, directors, and employees from and against any actions taken by any user authorized to use Wasp.io. By using Wasp.io, you release Wasp.io and its agents from any and all liability. You, the user further agree to indemnify and hold Wasp.io, its representatives, officers, agents, directors, and employees harmless from any claim, demand, expense or damage, including reasonable attorney's fees relating to the use of Wasp.io.
Accounts
- You must be 13 years or older to use this Service.
- You must be a real person, and not a bot or other automated registrant.
- You must provide your a valid email address and any other information requested in order to complete the signup process, which may include verification of information provided by you.
- Each login may only be used by one person and shared logins are not permitted. You may, however, invite as many people to your projects as your plan allows.
- You are responsible for maintaining the security of your account and password. Wasp.io cannot and will not be liable for any loss or damage from your failure to comply with individual account security.
- You are responsible for any and all Content posted and activity that occurs under your account (even in situations where Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Cancellation and Termination
- You are wholly responsible for properly canceling your account. Email and/or phone requests to cancel your account are not considered cancellation. You may cancel your account at any time by clicking on the User Settings menu, and selecting "Billing & Payments". Under Billing & Payments, there is a subscription cancellation button on the bottom of the screen.
- All of your Content will be immediately deleted from the Service upon cancellation, and information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Wasp.io, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Wasp service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Wasp.io reserves the right to refuse service to anyone for any reason at any time.
Modifications to Prices or Services Provided
- The Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Wasp Website (wasp.io) or the Service itself.
- Wasp.io shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Content Ownership & Copyrights
- Wasp.io claims no intellectual property rights over the material you provide to the Service. Any information, data, and materials remain yours.
- Wasp.io does not pre-screen Content, but Wasp and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
This document was last updated on February 21, 2016