Terms of Service
WiseFinder Terms of Service
Last Modified: November 15, 2011
1. Your relationship with Soluwise
1.1 Your use of Soluwise’s products, software, services and web sites is subject to the terms of a legal agreement between you and Soluwise. “Soluwise” means Soluwise Inc., whose principal place of business is at 177 Street 2023 Suite 2803, Guaynabo, PR 00969. In this case, we are referring to WiseFinder as the product, software and service and http://mywisefinder.com and its derived sites as the web sites that are subject to the terms and agreement between you and Soluwise. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Your agreement with Soluwise will always include, at a minimum, the terms and conditions set out in this document.
1.4 The terms in this document, together with any additional terms applicable to our services, form a legally binding agreement between you and Soluwise in relation to your use of WiseFinder. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the additional terms say and what the terms in this document say, then the additional terms shall take precedence in relation to WiseFinder.
2. Accepting the Terms
2.1 In order to use WiseFinder, you must first agree to these Terms of Service. You may not use WiseFinder if you do not accept the Terms.
2.2 You can accept the Terms of Service by: (A) creating an account in WiseFinder and logging in to make use of this service; or (B) by using WiseFinder, Soluwise will treat your use of WiseFinder as acceptance of the Terms of Service from that point onwards.
2.3 You may not use WiseFinder and may not accept the Terms if (a) you are not of legal age to form a binding contract with Soluwise, unless authorized by parents or guardians or (b) you are a person barred from receiving WiseFinder under the laws of the United States or other countries including the country in which you are resident or from which you use WiseFinder.
2.4 Before you continue, you should print off or save a local copy of these terms for your records.
3. Language of the Terms
3.1 Where Soluwise has provided you with a translation of the English language version of the terms, then you agree that the translation is provided for your convenience only and that the English language versions of the terms will govern your relationship with Soluwise.
3.2 If there is any contradiction between what the English language version of the terms say and what a translation says, then the English language version shall take precedence.
4. Provision of WiseFinder by Soluwise
4.1 The website (http://mywisefinder.com) and WiseFinder, are owned and maintained by Soluwise. You acknowledge and agree that Soluwise is entitled to provide WiseFinder to you.
4.2 Soluwise is constantly innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of WiseFinder which Soluwise provides may change from time to time.
4.3 As part of this continuing innovation, you acknowledge and agree that Soluwise may stop (permanently or temporarily) providing WiseFinder (or any features within WiseFinder) to you or to users generally at Soluwise’s sole discretion, without prior notice to you. You may stop using WiseFinder at any time. You do not need to specifically inform Soluwise when you stop using WiseFinder. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at firstname.lastname@example.org and we will respond in a reasonable time.
4.4 You acknowledge and agree that if Soluwise disables access to your account, you may be prevented from accessing WiseFinder, your account details or any files or other content which may be contained in your account.
5. Use of WiseFinder by you
5.1 In order to access WiseFinder, you will be required to provide: your name, email address, username and password registration information, as part of the registration process for WiseFinder. You agree that any registration information you give to Soluwise will always be accurate, correct and up to date.
5.2 You agree to use WiseFinder only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) WiseFinder by any means other than through the interface that is provided by Soluwise through its smartphone applications and through http://mywisefinder.com, unless you have been specifically allowed to do so in a separate agreement with Soluwise. You specifically agree not to access (or attempt to access) WiseFinder through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present for WiseFinder.
5.4 You agree that you will not engage in any activity that interferes with or disrupts WiseFinder (or the servers and networks which are connected to WiseFinder).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Soluwise, you agree that you will not reproduce, duplicate, copy, sell, trade or resell WiseFinder for any purpose.
5.6 You agree that you are solely responsible for (and that Soluwise has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Soluwise may suffer) of any such breach.
5.7 Causes such as weather phenomenon, human error, emergencies, Acts of God, Internet congestion, telecommunications breakdown, etc. may render the web site http://mywisefinder.com and WiseFinder unavailable or cause our equipment and servers to malfunction. Any data and information provided through WiseFinder and the website http://mywisefinder.com is provided without warranty of any kind as to accuracy or timeliness.
5.8 Soluwise cannot be held liable for damages caused by the use of data obtained through WiseFinder and its web site http://mywisefinder.com. We cannot be held liable for users granting access to or befriending people they do not know or who may cause harm or take some negative action upon the user. We cannot be held liable for users logging in to WiseFinder from devices that do not belong to the user and causing their notifications to arrive on other devices.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access WiseFinder.
6.2 Accordingly, you agree that you will be solely responsible to Soluwise for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Soluwise immediately at email@example.com.
7. Privacy and your personal information
7.2 You agree to the use of your data in WiseFinder in accordance with Soluwise’s privacy policies.
8. Content in WiseFinder
8.1 You understand that all information (such as geolocation data, written text, music, audio files, photographs, or other images) which you may have access to as part of, or through your use of, WiseFinder are the sole responsibility of the person from which such content originated. This information will be referred to below as “Content”.
8.2 You should be aware that Content presented to you as part of WiseFinder, including but not limited to advertisements in WiseFinder and sponsored Content within WiseFinder may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Soluwise (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Soluwise or by the owners of that Content, in a separate agreement.
8.3 Soluwise reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from WiseFinder. Soluwise may provide tools and implement procedures to filter out explicit sexual content if necessary at future stages of WiseFinder.
8.4 You understand that by using WiseFinder you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use WiseFinder at your own risk.
8.5 You agree that you are solely responsible for (and that Soluwise has no responsibility to you or to any third party for) any Content that you create, transmit or display while using WiseFinder and for the consequences of your actions by doing so (including any loss or damage which Soluwise may suffer or even harm brought upon yourself by inviting or accepting invitations from other users).
9. Proprietary rights
9.1 You acknowledge and agree that Soluwise owns and maintains WiseFinder. You further acknowledge that WiseFinder may contain information which is designated confidential by Soluwise and that you shall not disclose such information without Soluwise’s prior written consent.
9.2 Unless you have agreed otherwise in writing with Soluwise, nothing in this document gives you a right to use any of Soluwise’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Soluwise, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions from this document, and any other Soluwise brand guidelines that may apply.
9.4 Other than the limited license set forth in Section 11, Soluwise acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under the terms in this document or to any Content that you submit, post, transmit or display on, or through, WiseFinder, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Soluwise, you agree that you are responsible for protecting and enforcing those rights and that Soluwise has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within WiseFinder.
9.6 Unless you have been expressly authorized to do so in writing by Soluwise, you agree that in using WiseFinder, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Soluwise
10.1 Soluwise gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Soluwise as part of WiseFinder as provided to you by Soluwise. This license is for the sole purpose of enabling you to use and enjoy the benefit of WiseFinder as provided by Soluwise, in the manner permitted by the terms in this document.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of WiseFinder or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Soluwise, in writing.
10.3 Unless Soluwise has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use WiseFinder, grant a security interest in or over your rights to use WiseFinder, or otherwise transfer any part of your rights to use WiseFinder.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, WiseFinder. By submitting, posting or displaying the content you give Soluwise a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, WiseFinder. This license is for the sole purpose of enabling Soluwise to display, distribute and promote WiseFinder.
11.2 You understand that Soluwise, in performing the required technical steps to provide WiseFinder to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Soluwise to take these actions.
11.3 You confirm and warrant to Soluwise that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 WiseFinder may receive updates from time to time from Soluwise through the corresponding app stores, depending on your platform. These updates are designed to improve, enhance and further develop WiseFinder and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Soluwise to deliver these to you) as part of your use of WiseFinder.
13. Ending your relationship with Soluwise
13.1 The Terms will continue to apply until terminated by either you or Soluwise as set out below.
13.2 If you want to terminate your legal agreement with Soluwise, you may do so by (a) notifying Soluwise at any time through firstname.lastname@example.org if wanting to have your data removed from WiseFinder or (b) simply uninstalling the WiseFinder app from your device. Your notice can be sent, through email or in writing, to Soluwise’s address which is stated at the beginning of these terms.
13.3 Soluwise may at any time, terminate its legal agreement with you if: (A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (B) Soluwise is required to do so by law (for example, where the provision of WiseFinder to you is, or becomes, unlawful); or (C) Soluwise is transitioning to no longer providing WiseFinder to users in the country in which you are resident or from which you use the service; or (D) the provision of WiseFinder to you by Soluwise is, in Soluwise’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Soluwise’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these terms come to an end, all of the legal rights, obligations and liabilities that you and Soluwise have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT SOLUWISE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF WISEFINDER IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.3 IN PARTICULAR, SOLUWISE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF WISEFINDER WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF WISEFINDER WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WISEFINDER IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLUWISE OR THROUGH OR FROM WISEFINDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
14.6 SOLUWISE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOLUWISE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH SOLUWISE MAY MAKE TO WISEFINDER, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF WISEFINDER (OR ANY FEATURES WITHIN WISEFINDER); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF WISEFINDER; (III) YOUR FAILURE TO PROVIDE SOLUWISE WITH ACCURATE ACCOUNT INFORMATION; (IV) YOUR FAILURE TO ONLY LOGIN TO YOUR OWN DEVICE TO AVOID HAVING NOTIFICATIONS ROUTED TO DEVICES THAT DO NOT BELONG TO THE USER; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (VI) YOU GRANTING ACCESS TO OR BEFRIENDING PEOPLE YOU DO NOT KNOW OR WHO MAY HARM OR TAKE SOME NEGATIVE ACTION UPON THE USER;
15.2 THE LIMITATIONS ON SOLUWISE’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT SOLUWISE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Soluwise’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
17.1 WiseFinder may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on WiseFinder, queries made through WiseFinder or other information.
17.2 The manner, mode and extent of advertising by Soluwise on WiseFinder are subject to change without specific notice to you.
17.3 In consideration for Soluwise granting you access to and use of WiseFinder, you agree that Soluwise may place such advertising on WiseFinder.
18. Other content
18.1 WiseFinder may include hyperlinks to other web sites or content or resources. You acknowledge and agree that Soluwise is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 This Terms of Service document may be updated from time to time for any reason. We will notify you of any changes to our Terms of Service by posting the new Terms of Service here: http://mywisefinder.com/terms.html, and informing you via email. You are advised to consult this Terms of Service document regularly for any changes.
19.2 You understand and agree that if you use WiseFinder after the date on which the Terms of Service have changed, Soluwise will treat your use as acceptance of the updated Terms of Service.
20. General legal terms
20.1 Sometimes when you use WiseFinder, you may (as a result of, or through your use of WiseFinder) use a service or download a piece of software, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the terms presented in this document do not affect your legal relationship with these other companies or individuals.
20.2 These Terms of Service constitute the whole legal agreement between you and Soluwise and govern your use of WiseFinder (but excluding any services which Soluwise may provide to you under a separate written agreement), and completely replace any prior agreements between you and Soluwise in relation to WiseFinder.
20.4 You agree that if Soluwise does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Soluwise has the benefit of under any applicable law), this will not be taken to be a formal waiver of Soluwise’s rights and that those rights or remedies will still be available to Soluwise.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable. 20.6 Other than Soluwise, no other person or company shall be beneficiaries to these Terms of Service.
20.7 These Terms of Service, and your relationship with Soluwise under these Terms of Service, shall be governed by the laws of Puerto Rico without regard to its conflict of law provisions. You and Soluwise agree to submit to the exclusive jurisdiction of the courts located within the county of Puerto Rico to resolve any legal matter arising from the Terms of Service. Notwithstanding this, you agree that Soluwise shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.