Terms of Service
Last Updated: December 20, 2024 | Effective Date: December 20, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Intrigate ("Company," "we," "us," or "our") governing your access to and use of the Wyibe platform, including our website at wyibe.ai, mobile applications, APIs, and related services (collectively, the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.
2. Eligibility
To use the Service, you must:
- Be at least 18 years of age or the age of legal majority in your jurisdiction;
- Have the legal capacity and authority to enter into a binding contract;
- Not be prohibited from using the Service under applicable laws;
- Not have been previously suspended or removed from the Service;
- Provide accurate, current, and complete registration information.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and keep your account information updated.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Use a strong, unique password and enable multi-factor authentication;
- Not share your account credentials with any third party;
- Immediately notify us of any unauthorized access or security breach;
- Log out from your account at the end of each session.
We will not be liable for any loss or damage arising from your failure to protect your account credentials.
4. Service Description
Wyibe is an AI-powered sales automation platform that provides:
- Lead Generation: Automated discovery and collection of business contact information from various sources;
- Lead Enrichment: AI-powered data enhancement and verification;
- Email Automation: Personalized email campaign creation and delivery;
- LinkedIn Outreach: Assisted LinkedIn engagement and connection management;
- Lead Scoring: Predictive analytics to prioritize leads;
- Analytics & Reporting: Performance tracking and insights;
- CRM Integration: Connectivity with third-party CRM systems.
5. Subscription Plans and Payment
5.1 Subscription Plans
The Service is offered through various subscription plans with different features, usage limits, and pricing. Current plans and pricing are available at wyibe.ai/pricing.
5.2 Payment Terms
- All fees are quoted in US Dollars unless otherwise specified;
- Payment is due in advance for each subscription period (monthly or annual);
- We accept major credit cards and other payment methods as displayed;
- All payments are processed securely through our third-party payment processor;
- You authorize us to charge your payment method for all applicable fees.
5.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will charge your payment method on file at the then-current rate.
5.4 Price Changes
We may modify our pricing with 30 days' notice. Price changes will take effect at your next renewal period. Continued use after a price change constitutes acceptance of the new pricing.
5.5 Refunds
Subscription fees are generally non-refundable. However, we may provide refunds or credits at our discretion. Contact support for refund requests within 14 days of your initial purchase.
6. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall NOT:
6.1 Prohibited Activities
- Send unsolicited commercial email (spam) or violate anti-spam laws (CAN-SPAM, GDPR, CASL, etc.);
- Collect, harvest, or store personal information without proper consent;
- Use the Service for phishing, fraud, or deceptive practices;
- Violate any applicable local, national, or international laws;
- Infringe upon intellectual property rights of any third party;
- Transmit malware, viruses, or harmful code;
- Attempt to gain unauthorized access to our systems or other users' accounts;
- Interfere with or disrupt the Service or servers;
- Reverse engineer, decompile, or disassemble the Service;
- Use automated scripts to collect information or interact with the Service (except through our APIs);
- Resell, sublicense, or redistribute the Service without authorization;
- Use the Service to harass, abuse, defame, or discriminate against any person.
6.2 LinkedIn and Third-Party Platform Compliance
When using our LinkedIn integration features, you must:
- Comply with LinkedIn's User Agreement and Professional Community Policies;
- Not exceed LinkedIn's usage limits or engage in aggressive automation;
- Not use the Service to create fake profiles or impersonate others;
- Ensure all outreach is professional and not misleading;
- Respect opt-out requests and connection limits;
- Accept that LinkedIn may limit or suspend your account for policy violations.
7. Your Data and Content
7.1 Ownership
You retain all rights to the data and content you upload, create, or transmit through the Service ("Your Content"). We do not claim ownership of Your Content.
7.2 License Grant
You grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display Your Content solely to provide the Service and as described in our Privacy Policy.
7.3 Your Responsibilities
- You are responsible for the accuracy and legality of Your Content;
- You must have all necessary rights and consents to use and share Your Content;
- You are the data controller for lead/prospect data you process through the Service;
- You must comply with applicable data protection laws (GDPR, CCPA, etc.).
7.4 Data Processing
For customers subject to GDPR, we act as a data processor for personal data you process through the Service. We offer a Data Processing Agreement (DPA) upon request at legal@wyibe.ai.
8. Intellectual Property Rights
8.1 Our Intellectual Property
The Service, including all software, algorithms, interfaces, designs, text, graphics, logos, trademarks, and other content (excluding Your Content), is owned by Intrigate and protected by intellectual property laws. All rights not expressly granted are reserved.
8.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period.
8.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without compensation or attribution.
9. Third-Party Services and Integrations
The Service may integrate with or contain links to third-party services (e.g., LinkedIn, CRM platforms, email providers). Your use of third-party services is subject to their respective terms and policies.
- We are not responsible for third-party services, content, or practices;
- Third-party integrations may be modified or discontinued without notice;
- You are responsible for reviewing and complying with third-party terms;
- Data shared with third parties is governed by their privacy policies.
10. Disclaimers
IMPORTANT LEGAL DISCLAIMERS
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- ACCURACY, RELIABILITY, OR COMPLETENESS OF LEAD DATA OR AI-GENERATED CONTENT;
- UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION;
- RESULTS, CONVERSIONS, OR BUSINESS OUTCOMES FROM USING THE SERVICE;
- COMPATIBILITY WITH THIRD-PARTY PLATFORMS OR CONTINUED API ACCESS.
You acknowledge that AI-generated content may contain errors, and you are responsible for reviewing and validating all outputs before use.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IN NO EVENT SHALL INTRIGATE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL;
- OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD;
- THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless Intrigate and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service or violation of these Terms;
- Your Content or data you process through the Service;
- Your violation of any third-party rights or applicable laws;
- Your email campaigns, outreach activities, or marketing practices;
- Any claim that your use caused damage to a third party.
13. Termination
13.1 Termination by You
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period.
13.2 Termination by Us
We may suspend or terminate your access to the Service immediately, without prior notice, if you:
- Violate these Terms or our Acceptable Use Policy;
- Fail to pay applicable fees;
- Engage in fraudulent or illegal activity;
- Create risk or legal exposure for us.
13.3 Effect of Termination
Upon termination: (a) your right to use the Service immediately ceases; (b) we may delete Your Content after 30 days; (c) you remain liable for all fees incurred; (d) provisions that by their nature should survive will remain in effect.
14. Dispute Resolution
14.1 Informal Resolution
Before filing a formal dispute, you agree to contact us at legal@wyibe.ai and attempt to resolve the dispute informally for at least 30 days.
14.2 Arbitration Agreement
Any disputes not resolved informally shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will be conducted in English, and the seat of arbitration shall be Delaware, USA.
14.3 Class Action Waiver
You agree that any disputes will be resolved on an individual basis, and you waive the right to participate in class actions, class arbitrations, or representative proceedings.
14.4 Exceptions
Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. For matters not subject to arbitration, the exclusive jurisdiction shall be the state and federal courts located in Delaware.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Intrigate regarding the Service.
16.2 Modifications
We reserve the right to modify these Terms at any time. Material changes will be notified via email or in-app notification at least 30 days in advance. Continued use after changes take effect constitutes acceptance.
16.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
16.4 Waiver
Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
16.5 Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
16.6 Force Majeure
We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or infrastructure failures.
17. Contact Information
For questions about these Terms of Service, please contact us:
Intrigate
Attn: Legal Department
Email: legal@wyibe.ai
Support: support@wyibe.ai
Website: https://wyibe.ai