This is an Agreement between you and TrendLab Technologies Ltd, a Company with registered office at 125 Astey’s Row, N1 2AR, London, UK (hereinafter – “WiseLabs”) that describes the Terms of Service (“Terms”) with respect to your access to and use of content, reports, documents, products, and online services (referred to collectively as the “Services”) we make available through https://WiseLabs.ai/ (referred to collectively as the “Site”). Please take the time to read the Agreement carefully as it governs your use of the Site and Services.
1. All of the terms of the Agreement including Data Processing Addendum apply without modification by you and together constitute legally binding terms between you and WiseLabs. By using or accessing the Site and/or Services, you understand and agree to abide by these Terms of Service whether on your own behalf or on behalf of a legal person you represent. If you are entering into these Terms on behalf of a legal person, you represent that you have the authority to bind the legal person and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to that legal person and its affiliates. If you do not agree, you may not use or access the Sites and Services.
2. Amendments From time to time, WiseLabs may revise, amend or otherwise change these Terms without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically for changes. You agree that your use of the Services after the effective date of such change will constitute your consent to the revised, amended, or otherwise changed Terms. If you do not agree to the changes, you must stop using the Services.
3. Your Use of The Services
3.1. Our online platform is served to produce searches for accounts on social networks and the internet that are publicly available. In particular, the online platform enables you to evaluate a search term’s interest and thereby have a better understanding of your consumer's behaviours, needs, and interests. After the Services have been provided to you, you are provided with the report (hereinafter "The Report").
3.2. WiseLabs provides you with a limited, non-exclusive, non-transferable, personal and non-assignable permission to use the Site. Accordingly, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You must not obscure, alter, remove or delete any copyright or other proprietary notices contained in the Services. You will not copy, modify, adapt, translate or otherwise create derivative works of any of the Services obtained from the Site. You warrant that you will not attempt or assist others to attempt or actually reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. You agree to comply with all applicable laws and regulations in your use of and access to the Site and Services.
3.3. You will be required to successfully sign up for a personal account (the “Personal Account”) and be issued with a username and password login (“User ID”) in order to use the Services. If you are issued with a User ID, you shall keep your User ID secure and shall not share your User ID with anyone else, and you shall not collect or harvest any personal data of any other user of WiseLabs, including account names. WiseLabs reserves the right to disable any Personal Account issued to you at any time at WiseLabs’s sole discretion. If WiseLabs disables access to a Personal Account issued to you, you may be prevented from accessing WiseLabs, your account details or any Campaigns that are associated with your account.
3.4. By registering with WiseLabs you agree to receive emails, including but not limited to: newsletters, product updates, opportunities. You will be able to unsubscribe from each group.
3.6. You consider it reasonable and agree that you responsibly use, transfer and process of the personal data transferred to you from WiseLabs. From the moment the data is transferred to you, we cannot reasonably assume what your true purpose is. Therefore, we warn you that if the data received from us is used illegally or outside the scope of legitimate interest, you will be held liable for violation of the provisions of the GDPR and any applicable data protection legislation.
3.7. You consider it reasonable and agree that you are responsible to notify the data subject that you ordered the processing of their personal data and receive a report from WiseLabs, which contains the following data: description, categories, subcategories, overall performance, forecast, identities, brands,audience type, topics and interests of the audience, age of the audience, earnings, history of search term development, related products and influencers.
4. Provision of The Services
4.1. You understand and agree that WiseLabs may modify, terminate, suspend, or otherwise adjust any and all aspects of the Services at any time without prior notice to you.
4.2. You acknowledge and agree that WiseLabs can disable access to Services for non-payment or other material breach of the Terms, for which, you may be prevented from accessing your files or other content which is contained within WiseLabs’s Site or Services.
4.3. You acknowledge and agree that you are allowed to use only a single account per person.
4.4. WiseLabs can use the collected data itself as a marketing advertiser. This Report will be identical to a regular Report provided to any Customer. Such Reports are subject to rules and laws applicable to all WiseLabs activities.
5. Security As part of the registration process, you may be required to provide certain information including, but not limited to, your name, the business name, address, phone number and email address. You agree that any registration information you give to WiseLabs will always be accurate, correct and up to date. You are responsible for protecting any tokens, keys or passwords for WiseLabs’s Site and Services from unauthorized access. You will be held responsible for any activity that occurs under your tokens, keys or passwords. You are solely responsible for any and all activity that occurs on or through your tokens, keys or passwords. You agree to notify WiseLabs immediately of any unauthorized use of your tokens, keys, passwords or any other breach of security. WiseLabs may access your tokens, keys, passwords from time to time to provide You assistance with technical or billing issues or in order to maintain or improve the Services.
6.1. We comply with the General Data Protection Regulation EU 2016/679 (GDPR). Click HERE to learn more.
6.2. Important information for data controllers: you acknowledge that when processing personal data of individuals, you may become a data controller and you must comply with GDPR.
6.3. If you are an individual and process personal data in the course of a purely personal or “household” activity, you may be exempt from the application of GDPR. If you are unsure whether this exemption applies, please, obtain legal advice.
6.4 If you are a legal person, you may become a data controller for the purposes of GDPR when you process personal data about natural persons. This is the case whether you obtain personal data through Us or through any other third party (for instance, if you manually compile your own database from Instagram). If GDPR applies to you, you hereby confirm that you and Us (the “Parties”): 1) each independently determine the purposes and means of the processing of personal data and acts as an independent controller; 2) the Parties do not jointly determine the purposes and means of the processing and do not act as joint controllers; 3) neither of the Parties processes personal data on behalf of the other Party and does not act as a processor; 4) each of the Parties shall independently take all necessary measures to comply with applicable data protection laws.
6.5. If the data subject requests information about the customer who received the personal data of the data subject, WiseLabs is obliged to perform and performs the transfer of all information about you to that data subject.
6.6 If you have transferred The Report received when using our service to third parties, you are obliged to inform us of the entire chain of persons to whom such a Report was transferred, within 72 hours after the WiseLabs's request.
7. Charged Services
7.1. WiseLabs supports a variety of payment methods for customers, including bank transfers, credit cards, debit cards, PayPal, and bank wires.
You shall have the right to select any payment service provider available. You agree that WiseLabs is not responsible for any actions applied by the payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to your transaction. All payments to WiseLabs include the above-mentioned fees and commission, if applicable.
7.2. In order to get access to the Service you need to choose a pricing plan https://WiseLabs.ai/#pricing and pay it via bank transfer, credit card, debit cards, PayPal or bank wires.
7.3. If you choose report's subscription, you have to know that our subscriptions are automatically renewed for the same period unless you cancel before 23:59 London, UK Time time on the last day of the current subscription.
If you do not renew your report's subscription, all unused reports will be annulated.
If you have not spent the purchased reports before the subscription expiration date, they will be annulated.
WiseLabs blocks access to the Site the day after your report’s subscription ends.
Payment for reports cannot be refunded.
7.4. If you choose one of our subscription plans, you must know that our subscriptions are automatically renewed for the same period unless you cancel before 23:59 London, UK time on the last day of the current subscription.
WiseLabs blocks access to the Site the day after your subscription plan ends.
7.5. To cancel your subscription, you must contact our support team via email - support@WiseLabs.ai.
7.6. Funds charged for the extended subscription will not be refunded.
7.8. WiseLabs does not store credit/debit card information.
8.1. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and the analysis of the data/content is based on what third-party data sources provide to WiseLabs. The data/content is based on publicly available data/content and WiseLabs does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third party sites and such third parties may prevent WiseLabs from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent WiseLabs from using certain data/content or providing it to you. You agree that you should evaluate and bear all risks associated with the Services, including any reliance on the accuracy, completeness, or integrity of such Services. By using the Site and Services, you represent and warrant that you have such knowledge and experience in financial and business matters that you are capable of evaluating the merits and risks of the information made available on the Site and Services, and make effective use of the Services provided by WiseLabs as an analytical tool. You acknowledge that the Services are made available to you without any warranties of any kind. By using the Services you understand and agree that your use of the Services is at your sole discretion and risk.
8.2. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that WiseLabs is not responsible for the availability of, or the materials located on or through, any External Sites.
8.3. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that WiseLabs shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
8.4. You must acknowledge WiseLabs as the source of the data/content; if you use/show data/content from WiseLabs online, you must link to WiseLabs’s website, display the WiseLabs logo and credit the source as follows: “powered by WiseLabs”.
9. Restrictions. You may only use the Service as specified above. You are restricted from using the Service for any other usage, including:
9.1. Usage of Service in excess of:
- 5000 search requests per month;
- 5 requests to Site per second;
- 1 account per person;
9.2. Use of Charged Services if you have no paid reports or active Subscription.
9.3. Use of any means to modify or reroute the Service.
9.4. You are prohibited from using the data/content collected from our Service after WiseLabs or data subject request to remove it. Such data/content must be deleted within 72 hours of receiving the notification. Also, in the event of a request from the Data Subject for the deletion of its information, you are obliged to ensure that the above information is deleted by all persons/companies/auditors to whom such information was transferred.
9.5. Broadcast, reproduce, republish, post, transmit or distribute any part of the Services (other than as specifically allowed pursuant to these Terms).
9.6. Assign, syndicate, resell or otherwise transfer or make available information obtained via the Service to third parties (unless you have a specific, written agreement with WiseLabs for this).
9.7. Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Service, or otherwise attempt to discover any source code, or allow any third party to do so.
9.8. Use the Services in any way that harms WiseLabs, its affiliates, resellers, distributors, customers, service providers and/or suppliers, as determined by WiseLabs at its sole discretion;
9.9. Use the Services in any manner that could damage, disable, overburden, or otherwise harm the Services and/or Site or interfere with any other party's use and enjoyment of the Services and/or Site;
9.10. Use any meta tags or any other "hidden text" utilizing WiseLabs's name or trademarks without the prior written consent of WiseLabs;
9.11. Display the Site in frames or utilize any other techniques to display the Site (or any content on the Site) without the prior written consent of WiseLabs;
9.13. Use the Services to "stalk" or otherwise harass another; and/or collect or store personal data about any other person.
9.14. Employ any technique to compile any false or misleading information or content;
9.15. Harm minors in any way;
9.16. Intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
9.17. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the UK government as a foreign terrorist organization;
9.18. Use the Services in any manner that violates or infringes upon the rights of any third parties, including without limitation copyright, trademark, patent publicity, or other proprietary rights;
9.19. Use the Services to gain unauthorized access to any third-party services, user accounts, computer systems, or networks;
9.20. Use the WiseLabs domain name or other contact information as a pseudonymous reply email, postal, and/or fax address (or any other type of return address) for any communication transmitted from another location or through another service or otherwise impersonate WiseLabs or any other third party;
9.21. Create multiple tokens, keys or passwords for disruptive or abusive purposes, or with overlapping use cases. Mass tokens, keys or passwords creation may result in suspension of all related tokens, keys or passwords. Please note that any violation of these Terms of Service is cause for permanent suspension of all tokens, keys or passwords.
9.22. Any attempt to utilize automated programs, bots, screen scraping or any other means of gathering data other than through our currently available API is strictly prohibited.
9.23. YOU ACKNOWLEDGE AND AGREE THAT IN CASE WE DETECT MULTIPLE ACCOUNTS OR/AND PROMOTION PLANS ESTABLISHED FOR ONE PERSON, WE AT OUR SOLE DISCRETION MAY, WITHOUT WARNING AND REFUND, TERMINATE SUCH MULTIPLE ACCOUNTS OR/AND PROMOTION PLANS.
10. Publicity. You grant WiseLabs the right to add your name and company logo to its customer list and web-site. Except for the foregoing, neither party may use the other party’s name or logo without the other party's prior written consent.
11. Cancellation or Termination
11.1. You may cancel the Services at any time, with or without cause. You understand and accept that by cancelling the Services: i) you may not receive a refund; ii) you may be obligated to pay all charges due until the end of the subscription; iii) you may lose access to and use of your keys or passwords and any Services.
11.2. You acknowledge and agree that WiseLabs may terminate your keys or passwords for cause with or without prior notice to you. Cause for termination includes but is not limited to infringement or violation of the Terms, in particular but not limited to violation of clauses 8.4, 9.1 and 9.2 thereof, partial or complete discontinuance of the Services and/or Site, extended periods of inactivity, request to do so by law, and non-payment of fees or charges owed by you to TrendLab.
11.3. Cancellation or termination will result in immediate cessation of access to the Services, and deletion of your keys or passwords and all Services contained therein. All terminations are at the sole discretion of TrendLab, and you agree that TrendLab shall not be liable to you or any third party as a result of termination.
11.4. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement to you will immediately cease to exist and you will irrecoverably delete any and all data you received from TrendLab. Sections 6 to 10, and 15, as well as your obligation to pay any fees applicable, including but not limited to those under sub-clause 11.1 (ii) above, will survive any expiration or termination of this Agreement for any reason.
11.5. There will be no refunds or credits for partial use of Service, upgrade/downgrade refunds, refunds for unused features, or refunds for failures or inaccessibility of Service due to circumstances beyond TrendLab’s control. In order to treat everyone equally, no exceptions will be made. Downgrading your Service may cause the loss of content, features. TrendLab does not accept any liability for such loss. TrendLab reserves the right to suspend or terminate your access to the Services for nonpayment. If your Subscription is terminated for any reason, you are still liable for a remaining unpaid period of your Subscription if your Subscription is purchased on a monthly basis. TrendLab may recover such payments due and in that case you will bear all the expenses related to such recovery or/and debt collection.
12. Proprietary Rights
You acknowledge and agree that the Site and Services are the exclusive property of TrendLab and except as may be otherwise provided herein, TrendLab does not grant any express or implied right in them to you. You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. TrendLab owns the copyright for the Site as a compilation, and all Services accessible from the Site. All content included on the Website, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of TrendLab or its content suppliers and protected by international copyright laws. Any third-party marks displayed on the Site and/or Services are the property of their respective owners. You further acknowledge that the Services may contain information which is designated confidential and that you shall not disclose such information without TrendLab’s prior written consent.
13. Contact Us
If you have any questions about these Terms, please contact us at support@WiseLabs.ai or: TrendLab Technologies Ltd, a Company with registered office at 125 Astey’s Row, N1 2AR, London, UK.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TrendLab AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THIS SITE OR CREATED BY THE SERVICES. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SERVICES. TrendLab MAKEs NO WARRANTY THAT i) THE SERVICES WILL MEET YOUR REQUIREMENTS: ii) THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED; iii) ANY ERRORS WILL BE CORRECTED; AND iv) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY SERVICES DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND TrendLab SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL IT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TrendLab OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. IN NO EVENT SHALL THE LIABILITY OF TrendLab OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, CRIME, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH SERVICES. FURTHERMORE, TrendLab SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
15. Governing Law and Jurisdiction
15.1. These terms and conditions shall be governed by and construed in accordance with the laws of England. You agree to submit to the exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.
Effective Date: February 25, 2021