Overview

Please review and understand these terms before using our platform and services. If you disagree with these terms, do not accept them, create a platform account, or use our platform or services.

We may update these terms periodically. We will notify you of any changes. Continued use of the platform after updates signifies your acceptance of the revised terms.

Consult a lawyer to ensure compliance with these terms. Note that these terms include limitations of liability, warranty disclaimers, and a mandatory arbitration clause.

READ THESE TERMS OF SERVICE CAREFULLY. UPON ACCEPTANCE, THESE TERMS, ALONG WITH OUR PRIVACY POLICY (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL AGREEMENT BETWEEN YOU (OR THE BUSINESS ENTITY YOU REPRESENT) AND WONDERENGINE INC. (“WONDERENGINE,” “WE,” OR “US”) AND GOVERN YOUR USE OF THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND OTHER AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

WonderEngine reserves the right to modify these Terms at any time. All changes are effective immediately when posted. Continued use of the Platform after any changes constitutes your acceptance of the updated Terms.

1. Use of Platform

1.1. Age Restrictions: You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old.

1.2. Platform Account Ownership: The individual accepting these terms is the owner of the platform account. If accepted on behalf of a business entity, the business entity is the account owner.

1.3. Intended Use: The platform must be used lawfully and in accordance with these Terms. You are responsible for ensuring compliance with applicable laws and regulations by you and your customers.

1.4. Privacy: We prioritize privacy. Review our Privacy Policy and Data Processing Agreement. You must also provide your own Privacy Policy to your customers.

1.5. Login Credentials: Maintain the confidentiality of your Login Credentials. Notify us immediately of any unauthorized access.

1.6. Use of Communication Services: As a platform provider, we do not originate, send, or deliver communications on your behalf. You are responsible for ensuring compliance with laws such as the TCPA and CAN-SPAM Act.

1.7. Third-Party Services: The platform may use third-party services. We are not liable for issues arising from these services.

1.8. Third-Party Content: The platform may include content from third parties. We are not responsible or liable for such content.

1.9. Customizations: Ensure your customizations do not infringe on any intellectual property rights.

1.10. Excessive Use Restrictions: If your data usage exceeds your plan, you may need to upgrade your plan.

1.11. Platform Updates: We regularly update the platform, which may affect its previous operation.

1.12. International Use: Access from embargoed countries is prohibited. You must comply with local laws when using the platform.

2. Resale MAP Policy

Resellers must not advertise prices lower than WonderEngine’s standard prices.

3. Prohibited Uses

Certain behaviors are not tolerated and may result in account termination. Review these carefully.

4. Refund Policy

4.1 Non-Refundable Fees: All fees paid to WonderEngine, including but not limited to subscriptions, service charges, and one-time payments, are non-refundable. This policy applies regardless of the user’s level of usage of the services provided.

4.2 No Cancellations: Once a subscription or service is purchased, it cannot be cancelled prior to the end of the agreed subscription period. Users must fulfill their commitment to any minimum subscription periods.

4.3 Final Sale: All purchases of services or subscriptions through WonderEngine are final and non-refundable. This applies even if the service or subscription has not been fully utilized by the user.

4.4 Exceptions: The only exceptions to this policy will be in cases where WonderEngine fails to deliver the agreed-upon services due to reasons within our control, or as required by applicable law. Any exceptions will be granted at the sole discretion of WonderEngine.

4.5 Reseller Policy: Resellers are prohibited from providing refunds to their customers for fees that have been paid to WonderEngine, unless authorized in writing by WonderEngine.

5. Affiliate Program

Earn commissions for referring customers through our Affiliate Program.

6. Intellectual Property

6.1. Platform Content: We own the platform and its content. Use is permitted solely for making the platform available to you and your customers.

6.2. WonderEngine Marks: Our trademarks and service marks are protected.

6.3. User Contributions: You retain ownership of your posted content but grant us permission to use it.

6.4. Prohibited User Contributions: Do not post offensive or infringing content.

6.5. Feedback: By providing feedback, you grant us permission to use it without compensation.

6.6. Feedback Waiver: You release WonderEngine from any claims related to feedback.

6.7. Copyright; Digital Millennium Copyright Act: Follow the outlined process to report copyright infringements.

7. Disclaimers

The platform is provided “as is” without warranties.

8. Limitation of Liability, Indemnification, and Mitigation

8.1. Third-Party Actions: We are not responsible for third-party actions or content.

8.2. No Professional Advice: Our information is not professional advice.

8.3. Force Majeure: We are not liable for delays or failures due to causes beyond our control.

8.4. Termination for Convenience: We may terminate your access at any time for any reason.

8.5. Indemnification for Breach of Terms: You agree to indemnify us for claims arising from your breach of these Terms.

8.6. Arbitration Agreement: Disputes will be resolved through binding arbitration. You waive the right to a trial by jury and class action participation.

8.7. Data Security Disclaimer: We implement reasonable security measures but cannot guarantee complete security.

8.8. Governing Law and Venue: These Terms are governed by the laws of California, with disputes resolved exclusively in California courts.

9. Limitation On Time To File Claims

Claims related to these Terms must be filed within three months.

10. Injunctive Relief

We may seek equitable relief for breaches of these Terms.

11. Waiver And Severability

No waiver by WonderEngine of any term is a continuing waiver of such term or any other term.

12. Change of Control

We may assign our rights under these Terms. You may not assign your rights without our prior written consent.

13. Entire Agreement

These Terms constitute the entire agreement between you and WonderEngine.

14. Term and Termination

We may terminate this agreement and your access to the platform at any time, for any reason.

15. Applicable Law, Binding Arbitration, and Class Action Waiver

Disputes will be resolved through binding arbitration. Consult a lawyer to understand this section.

16. Email and SMS Messaging Credits

16.1. Email and SMS Credit Requirements: The free trial does not include credits for sending emails or SMS messages. To send emails or SMS messages, you must purchase credits in addition to your software subscription.

16.2. Pricing Structure:

• Email Pricing: $10 for every 10,000 emails sent ($0.001 per email).
• SMS Pricing: $10 for every 840 SMS messages sent ($0.0119 per SMS message).

16.3. Additional Purchases: Credits for email and SMS messaging must be purchased separately and are required to use these communication features effectively. This allows you to scale your communication according to your business needs.

16.4. Non-Refundable Credits: All purchases of email and SMS credits are final and non-refundable, regardless of whether the credits are fully utilized.

16.5. Usage Monitoring: It is your responsibility to monitor your credit usage to ensure you maintain sufficient credits for ongoing communications. WonderEngine is not responsible for interruptions to services due to exhausted credit balances.

17. Communications and Contact Information

For feedback, comments, technical support, or other communications, contact us at:

Email: hello@wonderengine.ai