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LAST MODIFIED: APRIL 2024
This is a summary of our Terms of Service; please read the entire Terms of Service below.
These Terms of Service apply to wiseagent.com and its affiliated subdomains (the “Site") and our various websites, APIs, email notifications, documentation, software, products, licenses or applications (collectively, the “Service") that is owned and operated by Wise Agent, LLC (“we”, “our”, or “us”). The Service allows you to generate leads, build relationships, and close more deals through a real estate CRM platform.
These Terms apply to your use of the Service, whether you’re a guest or a registered user. Please read the full Terms of Service below before accessing or browsing the Site or using our Services. If you don’t want to be bound by these Terms, do not use or browse our Site and/or Service. These Terms may change and your continued use after changes are made means you agree to be bound by the new terms.
You may need to create a user account to access parts of the Service. Your user account includes a password. Keep your password confidential. In some cases, you may choose to allow a trusted individual, such as a caretaker, parent, or adult child to access your account. You are still responsible for all use – and for any misuse – of your account.
Paid subscriptions remain in effect as long as the required payments are made on time and in full. We may, but are not obligated to, cancel inactive, or unpaid subscriptions.
Don’t violate our Terms of Service. Users who violate our Terms may be banned from using the Service. The Service contains proprietary and confidential information that is protected by a variety of copyright, trademark, or patent rights and/or registrations.
Your use of the Site and Services is at your own risk.We make every effort to make sure you have a good experience on our Service, but we can’t guarantee all content on our Service will always function without error. We make every effort to comply with local, state, and national laws and regulations, including applicable privacy laws. However, we can’t guarantee that your use of our Service complies with local, state, and national laws and regulations.
The Service may contain links and advertisements that may take you to other Services that are not affiliated with us.If you click on an advertisement or a link to another Service, you may leave the Service. We are not responsible for the content you see or the interactions you have on other Services and we are not liable for any damages or harms you may encounter on other Services.
If you have any questions about our Terms, contact us at help@wiseagent.com.
These Terms of Service are entered into by and between You and Wise Agent, LLC (“Wise Agent” or “Company"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service” or “Agreement”), govern your access to and use of the Service, including any related mobile application, content, functionality, and services offered on or through wiseagent.com or its related mobile application, whether as a guest or a registered user.
If you access or use the Services (defined below) in the capacity as an employee or other service provider of a legally recognized entity, you affirm you are authorized to do so and that you have the legal right and authority to bind such legal entity to these Terms. You may permit your employees, agents, or contractors (“Authorized Users”) to use the Services, provided that your Authorized Users comply with these Terms. You are responsible for the use and actions of your Authorized Users.
Please read the Terms of Service carefully before you start to use the Service. By (i) accessing, browsing, subscribing to, and using the Service; or (ii) by using the associated content, and any customizations made to the Services provided or offered by Company via the Service (collectively, the “Services”), you acknowledge that you have read, have understood, and you accept and agree to be bound by this Agreement, to abide by these Terms of Service, and to comply with all applicable laws and regulations. Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not agree to these terms, you must not access or use the Service or any of the Services.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE NOW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SERVICE, OR ANY SUBSCRIPTION, PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE, IS TO STOP USING THE SERVICE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SERVICE.
The date the Terms of Service was last revised is identified at the top of the page. If we make subsequent material changes to the Terms of Service, we will notify you by email to the email address specified in your account and/or through a notice on the Service home page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Service and these Terms of Service to check for any changes. Wise Agent reserves the right to update or change the Terms of Service, at any time and for any reason, by posting the modified Terms of Service on this Service.
Permitted Uses and Restrictions on Use. The Service allows you to generate leads, build relationships, and close more deals through a real estate CRM platform. Wise Agent is in no way responsible for the accuracy or the adequacy of reviewed information.
You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your password confidential. You agree, understand and acknowledge that, in no event, shall you allow any unauthorized users to access the Service using your username and password. Wise Agent is not responsible for breaches of confidentiality caused by you or anyone accessing the Service using your username and password, whether authorized by you or not.
Conduct. You agree to not use the Service to: (a) transmit any content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any Wise Agent representative, or misrepresent your affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Service; (e) upload or otherwise transmit any content that you do not have a right to transmit under any law or under contractual relationships (such as inside information and proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload or otherwise transmit any content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to Service; or (j) incite or provide instructional information about illegal activities.
Subscription. Wise Agent offers certain services, including services through the Service which you can purchase on a subscription basis (“Subscription”). If you purchase a Subscription you may be asked to agree to a separate agreement that incorporates these Terms of Service.
Payment. To the extent the Services or any portion thereof is made available through a subscription or license, your access will be granted following payment of the applicable fees to Wise Agent (“Fees”). Fees are based on the fee schedule and payment obligations as set forth in a separate agreement with us. You hereby authorize us, either internally or through a third party payment processor, to charge your credit card. If you fail to pay any fees, Wise Agent may suspend your access to the Services. We currently use Authorize.NET as our third party payment processor. You should look to Authorize.NET’s terms regarding payments, available at https://www.authorize.net/about-us/terms.html. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Notice.
These fees will be collected on an automated recurring billing (ARB) subscription via a valid credit card on file. All fees paid to Wise Agent are non-refundable. Wise Agent reserves the right to adjust the fees at any time at Wise Agent’s sole and absolute discretion upon at least thirty (30) days’ prior written notice to you.
You represent and warrant to Wise Agent that such payment information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
Late Fees; Taxes. Wise Agent may charge interest on all overdue fees at a rate equal to one and one-half percent (1.5%) per month (or, if lower, the maximum allowable by applicable laws) on the unpaid amount until such amounts are paid. You are be solely responsible for, and will pay, any sales, use, transaction privilege, gross receipts, goods and services, value-added, and personal property taxes, any other taxes and levies, and any interest and penalties related to the foregoing (other than taxes based on Wise Agent’s income) that are imposed by any governmental authority in connection with this Agreement.
Suspension. If you fail to pay, when fees are due, any fees, late fees, or other charges due to Wise Agent under this Agreement, Wise Agent may, in Wise Agent’s sole and absolute discretion and without notice to you, immediately suspend your use of the Services. You expressly acknowledge and agree that Wise Agent will have no liability to you whatsoever if Wise Agent elects to suspend your use of the Services (even if Wise Agent has been advised of the possibility of damages (which include, but are not limited to, damages for injury to person or property, loss of revenue or profits, business interruption, loss of goodwill, use or loss of data, and/or the claims of third parties). In order to regain access to Wise Agent, all fees due must be paid in full to Wise Agent. To request access for your account to be reinstated please submit a request to billing@wiseagent.com.
Term. The term of your subscription will start automatically upon completion of free trial, unless you cancel prior to the trial concluding, and will continue on a month-to-month basis until terminated (the “Term”).
Cancellation. This Agreement may be terminated pursuant to any of the following provisions:
Effect of Termination. When this Agreement is terminated, (A) you must immediately stop using the Service, (B) your license to the Service will immediately terminate, (C) Wise Agent will immediately cease provision of the Service to you, and (D) you will be responsible for exporting and/or deleting any data prior to the end of your term and (E) you must pay Wise Agent, within three (3) days following the termination date, all fees and other charges which accrued prior to such termination date but remain unpaid. You expressly acknowledge and agree that Wise Agent will have no liability to you whatsoever with respect to the termination of your use of the Service (even if Wise Agent has been advised of the possibility of damages (which include, but are not limited to, damages for injury to person or property, loss of revenue or profits, business interruption, loss of goodwill, use or loss of data, and/or the claims of third parties).
You must also pay any damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) that arise out of or in connection with any breach of this Agreement occurring prior to or after the expiration or termination hereof.
Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, terminate your membership and refuse to provide our services to you if: (a) you breach these Terms of Service or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or us.
Registration Data and Privacy. In order to access some of the offerings available through our Services, you may be required to register for a separate account by completing our online registration form, which requests certain information and data (“Registration Data”). You are responsible for maintaining and updating your Registration Data. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for logging out of the Services at the end of each session.
You also grant us the right to disclose to third parties certain Registration Data about you, subject to our Privacy Notice. The information we obtain through your use of this Service, including your Registration Data, is subject to our Privacy Notice, which is specifically incorporated by reference into these Terms of Service.
Communication. You agree that the Company may contact you by electronic communication, including telephone or SMS text messages (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you or on your behalf in connection with your account or use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by following the directions to opt-out at the bottom of the email and using the unsubscribe link contained in the email, or by contacting us at help@wiseagent.com. The Company’s WiseTexting feature leverages text communications, enabling you to send messages via a purchased 10-digit local phone number. See A2P 10 DLC Compliance Policy for more details.
Acceptable/Unacceptable Usage. By accepting our Terms of Service you agree to honor our Anti-SPAM policy in such that you will not send unsolicited email or text messages to email addresses and mobile numbers that you do not know. Furthermore, you will not use Wise Agent to send viruses, malware, worms, or other malicious content intentionally or unintentionally. You agree to refrain from sending messages to those that have requested to be removed from your list. In order to send bulk email messages from Wise Agent, you must verify your email address you will be sending from your email signature which must include the sender’s name, company name, phone number, as well as a physical address.
Wise Agent will automatically add an unsubscribe link to each of your messages. Any of your recipients that click on that link will be safely unsubscribed from receiving any further bulk messages from you via Wise Agent.
Wise Agent will also handle all of the emails that get bounced or rejected from any mail server. We will add them to a category name “BOUNCED” in your Wise Agent account.
Wise Agent may restrict your email sending, shut down your account and not issue a refund and may take legal action if you fail to comply with this Anti-SPAM policy.
Text Messaging & A2P 10 DLC Compliance. Wise Agent provides text messaging services to its members. In order to participate in Wise Agent’s text messaging services you must register your brand and comply with any requirements or fees (non-refundable) associated with text messaging services to ensure compliance with A2P 10 DLC guidelines. A2P 10 DLC is a standard set by mobile carriers in the United States for application-to-person text messaging using 10-digit long codes. By becoming a Wise Agent member you agree to adhere to our Terms of Service and the following A2P 10 DLC compliance requirements:
You acknowledge that Wise Agent may monitor and enforce compliance with A2P 10 DLC requirements and take necessary actions, including restricting your messaging capabilities or terminating your account, in case of non-compliance.
Wise Agent reserves the right to update its systems and practices to maintain A2P 10 DLC compliance and expects its users to stay informed and adhere to any changes in regulations or guidelines related to A2P 10 DLC.
Failure to comply with A2P 10 DLC guidelines may result in Wise Agent restricting your messaging capabilities, terminating your account, and taking legal action if necessary.
Note: A2P 10 DLC compliance is specific to messaging services in the United States and may not be applicable to users in other regions.
Wise Agent complies with all Anti-SPAM laws, including CAN-SPAM ACT the CASL-Canada and GDPR, and A2P 10 DLC (Application-to-Person 10 Digit Long Code) compliance.
Accessibility. Company is committed to ensuring that our Services are accessible. Company believes access is a civil right and is dedicated to reforming our Services to reflect this value. If you have any questions or concerns regarding accessibility, you can email us at help@wiseagent.com.
Links. The Service, from time to time, may provide links to other Services or resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access for use of such Services. You acknowledge any of the third-party Services linked to this Service, you do so entirely at your own risk and subject to the terms and conditions and agree that Wise Agent is not responsible for the availability of such external Services or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Services or resources. You further acknowledge and agree that Wise Agent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Service or resource.
Modifications to the Service or Agreements. Wise Agent reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Wise Agent shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. From time to time, we may restrict access to some parts of the Services, to users, including registered users. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Wise Agent may specify from time to time the version(s) of web browsers required in order to use the Service, and you acknowledge that Wise Agent is not obligated to support all web browsers and Wise Agent is not obligated to continue support of any web browsers it supported at an earlier time.
Termination. You acknowledge and agree that Wise Agent may, in our sole discretion, suspend or terminate your account and/or deny you access to or use of all or part of the Service, without prior notice, for any reason, including, without limitation, if you engage in any conduct that Wise Agent believes, in its sole discretion: (a) violates any term or provision of this Terms of Service; (b) violates the rights of Wise Agent or our partners; or (c) is otherwise inappropriate for continued access and use of the Service. In addition, Wise Agent reserves the right to terminate inactive membership accounts. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Further, you agree that Wise Agent shall not be liable to you or any third party for any termination of your access to the Service. You agree to defend, indemnify, and hold Wise Agent harmless from and against any and all claims, losses, liability costs, and expenses (including but not limited to attorneys’ fees) arising from your violation of this Terms of Service, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary rights, and invasion of any privacy rights. You acknowledge that this obligation will survive the termination of your use of the Service.
Wise Agent Proprietary Rights. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information that may have been presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
No Resale, etc. of the Service. You agree not to copy, sell, resell, rent, or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, allow unauthorized use or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
Notices. If you sign up with our company to acquire services, you agree that: YOU SHALL DEFEND, INDEMNIFY, AND HOLD COMPANY AND COMPANY’S MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND YOUR SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), DAMAGES, AND LIABILITIES TO THE EXTENT ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SOFTWARE.
Your Representations and Warranties. You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of a third party, and you are authorized to use the Service. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a) YOUR USE OF SERVICE IS AT YOUR SOLE RISK. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WISE AGENT AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b) WISE AGENT AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) SERVICE WILL MEET YOUR REQUIREMENTS; (ii) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS. WISE AGENT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WISE AGENT EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) AND AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF SERVICE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. WISE AGENT IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN SERVICE. WISE AGENT DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WISE AGENT OR THROUGH OR FROM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Wise Agent AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WISE AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ALSO AGREE THAT WISE AGENT WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THIS SERVICE OR THE SERVICE(S) YOU ACCESS THROUGH THE SERVICE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND WISE AGENT’S REASONABLE CONTROL.
IN NO EVENT SHALL WISE AGENT BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Digital Millennium Copyright Act (“DMCA”) Notice. In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site or Services infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Brandon Wise
480-836-0345
legal@wiseagent.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Arbitration. Any legal controversy or legal claim arising out of or relating to these Terms of Service or the Services, excluding legal action taken by the Company to collect our fees, recover damages, or obtain an injunction relating to the Site operations, intellectual property, and Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be exclusively conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you or the Company pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1,000.00.
Disputes between you and the Company regarding the Services may be reported to Customer Support at legal@wiseagent.com.
General Information. The Terms of Service constitutes the entire agreement between you and Wise Agent and governs your use of the Service, superseding any prior agreements between you and Wise Agent (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other Wise Agent services, third party content, or third party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the state of Arizona without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and Wise Agent agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The Terms of Service does not limit any rights that Wise Agent may have under trade secret, copyright, patent, trademark, or other laws. The failure of Wise Agent to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within sixty (60) calendar days (or the minimum amount of time allowed by law if such time is greater than sixty (60) calendar days) after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of Wise Agent and its successors and assigns.
© 2024 Wise Agent, LLC. All rights reserved. No portion of this Service may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Wise Agent.
LAST MODIFIED APRIL 2024
The Wise Agent, LLC and its affiliates (the “Company”, “we”, “our”, or “us”) respect your privacy and are committed to protecting it through this Privacy Notice (“Privacy Notice”). This Privacy Notice describes the type of information we may collect from you or that you may provide to us when you visit wiseagent.com and the affiliated subdomains (the “Site”), use our Services (as defined in Terms of Service) that we provide to you or which are available through our Services and our policies and practices regarding how we collect, use, and disclose that information. If you engage in Services offered by us, then you may be subject to other terms and conditions and disclosures relevant to the Services that are not included in this Privacy Notice.
This Privacy Notice applies to information we collect:
We reserve the right, at any time and without notice to you, to add to, change, update, or modify this Privacy Notice. If we decide to change our Privacy Notice, we will post a new notice on our Site and change the date at the top of the Privacy Notice. Any change, update or modification will be effective immediately upon posting on our Site and will apply to any Personal Information provided to us on and after that date. Your continued use of the Site or Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Notice periodically for updates.
If we make a material change to our Privacy Notice that affects how we collect or use your Personal Information, we will notify you via email, SMS text message, or other notification. If you have any questions about this Privacy Notice or our use of your information, you can email us at help@wiseagent.com.
We collect “Personal Information,” which is information that can be used to identify you individually. For example, we collect an Internet Protocol (“IP”) Address from all visitors to our site, and, if the visitors choose to engage with us by submitting a form or requesting further information, we may also collect their names and e-mail addresses.
We collect the following Personal Information from Users: full name, mailing address, email address, phone number, IP Address, and other information that permits us to contact you at a physical location, online, or by electronic communication, including telephone number, email, or text messages. We also collect payment and billing information, such as credit or debit card information, checking or ACH information, or other similar financial or banking information related to any transactions you enter into with us.
If you are using our Site or Services, you are required to submit an email address, password, and additional Personal Information. We may collect and store access information related to your account.
When you have an account with us, the combination of your username and your password is the key to your account with our Services. We recommend that you use a unique combination of letters, numbers, and special characters to create your password. Your passwords are encrypted using SHA-256 encryption algorithm. You are responsible for all actions taken in the name of your account. You should not disclose your password to anyone. You may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us at help@wiseagent.com and, if available, login to your account at the Site and change your password.
We may also track and retain the details of all transactions and communications between Users, target audiences, and other visitors on our Site and Services such as emails, feedback, ratings, sale and purchase of Services, and any other forms of communications. We may use and display your name when you send an email or other communication through our Site or Services.
If you use our Services, we collect information related to your transaction. This information includes your payment method (credit card or debit card number, account, and authentication information), billing information, and delivery details. This information is processed through a third-party payment processor. Any payment transactions will be encrypted using Secure Socket Layer (SSL) technology. Such information will then be encrypted into our payment gateway providers database, which is only accessible by those authorized to access such systems, and who are required to keep the Personal Information confidential. After a transaction, your Personal Information (credit cards, billing address, etc.) will not be stored on our servers.
Your payment for purchased Services may be charged directly by us through our third party payment processor, Authorize.NET. Please review the following link to review the terms: https://www.authorize.net/about-us/terms.html. To the extent the Services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Company. Your account and access to the Services may be suspended in the event of non-payment of applicable fees.
You agree to provide accurate and complete billing information, including valid credit card information, your name, mailing address, and email address, and to provide Authorize.NET or other third party processor with any changes in such information.
We may collect information that identifies you personally when you submit comments, questions, or suggestions to us or to the Services using the Contact US form or by email, including attached files in an email sent to us. Any comments and any emails we receive from you are subject to the terms of this Privacy Notice.
We collect information from or about the computers and devices that you use to access the Services, as determined and allowed by the personal settings you have for the computer and device. We collect the Internet Protocol (IP) address, domain name, browser type, operating system, device settings, location, web log files, and other code tracking devices from any device you use to access our Services and any pages at our Site. You can turn-off and adjust settings on your computers and devices that will not allow us to collect information. For example, in many cellular devices, you can turn off location settings by selecting the “Settings” feature, choosing “Privacy” and turning-off “Location.” To learn more, see below at Manage Your Settings.
The Site and Services may contain applications to enable you to connect to and from social networking sites and we may collect information about you from such social networking sites in order to provide you with a more personalized experience.
Some content, email, or text message marketing campaigns from our Site and Services may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We may enable third parties to serve advertisements available through our Services, Site, or on third-party websites or other media (e.g., social networking platforms) that enable us and third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third-party’s specific privacy statement, not this one. We may provide these third-party advertisers with Personal Information.
We use Personal Information to provide you with the features available through the Site and Services, to respond to your requests, to process orders and facilitate any transactions that you may initiate through the Site or Services, and to communicate with you. When we have location information, we may use it to tailor our Services for you.
We share your Personal Information to facilitate transactions through the Site and Services. We share your information with certain third party service providers to perform the services and facilitate transactions initiated through the Site or Services. Your payment for purchased goods may be charged directly by us through our payment processor, through your mobile application provider, or through another third party payment processor. You can look to the terms of the third party provider’s regarding payments and contact them directly if you have any inquiries.
By providing us with your mobile phone number, you hereby expressly consent to receive automated text messages (including SMS and MMS) from us at the mobile phone number you provided. You represent that you are 18 years of age or older and you have the consent of the wireless account holder associated with the mobile phone number you provided.
You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive automated text messages is not required as a condition of purchasing any goods or services. If you have opted in, we may provide updates via text messages through your wireless provider to the mobile number you provided. Message frequency varies.
We may use Personal Information, non-personal, and aggregate information to evaluate and improve our services, and for our own internal statistical, design, or operational purposes, or, for example, to estimate our audience size, measure aggregate traffic patterns, and understand demographic and other trends among our Users and visitors. We transfer information to certain vendors and service providers who provide technical infrastructure services and other content, analyze our services, and measure the effectiveness of our services.
We may outsource all (or some) of the tasks described in this Privacy Notice to third parties on a confidential basis, and would only share your Personal Information as needed for performance of those tasks, and only pursuant to appropriate confidentiality agreements. You agree that we may use your Personal Information, including your email address, to improve our Site and Services, and to customize the Services content and layout. These uses improve our Site and Services and better tailor it to meet your needs, so as to provide you with a smooth, efficient, and safe experience while using the Services.
If you provide us with feedback, we will collect that information and we may use it in our marketing materials, use it on our Site or Services, or disclose it for any purpose we choose. Your Personal Information will not be disclosed or associated with any feedback that we use or disclose unless you have given us permission to use your Personal Information for this purpose.
To the extent allowable, we may also use your Personal Information for the marketing or promotion of our products or services. We may use computer and device information for marketing purposes. We may share Personal Information with third parties for marketing purposes. We may outsource all of the tasks described in this Privacy Notice to third parties on a confidential basis. If you do not want us to use your Personal Information for marketing or promotion purposes or you do not want to receive promotional materials from us or third parties to whom we outsource certain tasks, see below at How You Can Manage Your Information.
We may enable third parties to serve content, applications, email, text message marketing campaigns, or advertisements available through our Services, Site, or on third party websites or other media (e.g., social networking platforms) that enable us and third parties to target advertisements to you for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors, or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party’s specific privacy statement, not this one. We may provide these third party advertisers with information, including Personal Information, about you.
We may disclose Personal Information, non-personal information, and aggregate information:
Information collected through our Site or Services is considered our trade secret or proprietary information. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third-party of our company or a portion of our assets.
You may choose not to provide us with any Personal Information. In that case, you can still visit and browse our Site; however, you will not have access to or be able to use our Services.
Individuals who set up an account with us may elect to receive or stop receiving information from us or any third-party as described by this Privacy Notice. If you receive email communications from our Services, you may use the unsubscribe link contained in the email. Please contact us at help@wiseagent.com if you need assistance.
You may also review and request changes to your Personal Information and obtain removal of content or information you have publicly posted at our Site by sending an email with a detailed description of the specific content or information to help@wiseagent.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Please be aware that we cannot always delete records of past interactions and transactions. We cannot delete your Personal Information except by also deleting your User account. We may not accommodate a request to change Personal Information if we believe the change would violate any law or legal requirement or cause the Personal Information to be incorrect. For example, we are required to retain records relating to previous sales and purchases for financial reporting and compliance reasons.
You may manage how your browser handles cookies and related technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain third-party advertising companies online at http://www.networkadvertising.org/choices/.
You may manage how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative’s (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members. The NAI’s main webpage is located at www.networkadvertising.org.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Services. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website.
Users in Europe may opt out of many third-party ad networks. For example, you may go to the European Interactive Digital Advertising Alliance at https://www.youronlinechoices.com/.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Please be aware that we may provide links to third-party websites as a service to our visitors, and that we are not responsible for the content or information collection practices of those pages. Please note that these websites' privacy policies may differ from our Privacy Notice. We encourage you to review and understand the privacy practices at third-party websites before providing them with information.
You may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by using the unsubscribe link contained in the email, or by contacting the sender. If you are unable to resolve this through these means, contact us at help@wiseagent.com. Despite your election to opt-out, we may send you emails or contact you by other means regarding your account, transactions, and your activities with the Services.
We may change any short code or telephone number we use to operate the texting services at any time and will notify you of these changes. You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. Please contact us at help@wiseagent.com if you need assistance.
We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
We will not collect information from children under age 18. Our Services are for general audiences and are not designed nor intended to collect Personal Information from children under the age of 18. We require that registrants affirm that they are 18 years or older, prior to creating an account on the Site or using our Services. If we learn that a person under the age of 18 has submitted personally identifiable information to us, we will delete that information from our Services. If you believe that we might have information from or about a person under the age of 18, please contact us immediately at help@wiseagent.com.
Under the CCPA, as amended by the CPRA, you have the right to know what personal information we have collected about you, including the categories of Personal Information, the categories of sources from which the personal information is collected, the business or commercial purposes for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of Personal Information we have collected about you.
We collect the following categories of information: identifiers (such as your name and email address), Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (such as your name and contact information), internet or other similar network activity, geolocation data, and inferences drawn from the collected Personal Information. This information is collected directly from you when you provide it to us (for example when you submit a form requesting more information) or automatically as you navigate through the Services. We use this information for one or more legitimate business purposes, including to improve our Services, offer information about our Services to you, and allow you to purchase and use our Services. We disclose the Personal Information to third parties who are providing services to you. The specific pieces of information we have collected about you vary, depending on whether you are browsing the website or are a User, but we have defined these different types of Personal Information in Section 1.A of this Privacy Notice.
We do not sell Personal Information as defined by the CCPA. We do share Personal Information as defined by the CCPA. Further, we have not sold any of your Personal Information to third parties in the past 12 months.
If you are a resident of California, Colorado, Nevada, Virginia, Utah, or Connecticut you have other rights under your respective states’ consumer privacy statutes
When you contact us regarding any of your rights, we will verify your identity before we provide any information. If you have any questions or comments about your rights, please contact us at contactus@wiseagent.com.
To exercise the rights described in this Privacy Notice, please submit a verifiable consumer request to us via email: contactus@wiseagent.com.
Only you, or someone legally authorized to act on your behalf (if in California, the person legally authorized to act on your behalf must be registered with the California Secretary of State), may make a verifiable consumer request related to your Personal Information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows Company to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include the user’s:
Company cannot respond to your request or provide you with Personal Information if Company cannot verify your identity or authority to make the request and confirm the Personal Information that relates to you. If Company cannot initially verify your identity or authority, Company will follow internal procedures to verify your identity and authority. Company attempts to respond to a verifiable consumer request within forty-five (45) days of its receipt. If Company requires more time (up to 45 days), Company will inform you of the reason and extension period in writing.
If you have an account with Company, Company will deliver Company’s written response to that account. If you do not have an account with Company, Company will deliver Company’s written response by mail or electronically, at your option.
Any disclosures Company provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response Company provides will also explain the reasons Company cannot comply with a request, if applicable. For data portability requests, and to the extent that Company is able, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the Personal Information from one entity to another entity. If we are not able to do so, we will let you know.
Company does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If Company determines that the request warrants a fee, Company will tell you why Company made that decision and provide you with a cost estimate before completing your request. If you have any questions or comments about your rights under the CCPA, CPRA, CPA, NPICICA, VCDPA, and CTDPA please contact us at contactus@wiseagent.com.
Contact Us. To learn more about our privacy practices or this Privacy Notice, you may contact us at legal@wiseagent.com.
LAST MODIFIED JANUARY 10, 2024
This SOFTWARE LICENSE USER AGREEMENT (this “Agreement”) is made by and between WISE AGENT, LLC, an Arizona limited liability company (“Wise Agent”), and the customer set forth on the Software Subscription (“Customer”). Wise Agent and Customer are sometimes referred to herein together as the “Parties” and each, individually, as a “Party”.
Therefore, the Parties agree as follows with the intent to be legally bound.