Last Updated: 3/31/2020
IMPORTANT: Carefully read all the terms and conditions of this agreement prior to signing up for Wanido [hereafter referred to as the “Software”]. Signing up for this Software indicates acceptance of this license agreement.
This End-User License Agreement ("EULA") is a legal agreement between you and Wanido, a North Dakota LLC (“WANIDO”) for the Wanido product identified above which may include associated components, printed materials, and online documentation.
If you do not agree to these terms and conditions, then do not proceed with the provisioning of the Software.
This EULA governs the Software which includes Software-as-a-service and any associated media and printed materials. The Software is provided on a subscription basis. Licensing shall refer to the monthly or yearly subscription amount paid for the Software.
2. Reservation of Rights
The Software is protected by copyright and other intellectual property laws and treaties. WANIDO reserves all rights not expressly granted to you in this EULA.
3. Grant of License
You are granted a single, non-transferable, and non-exclusive license to use the Software under the terms stated in this Agreement subject to your obligation to pay and any rights and limitations described herein. Title, copyright and ownership of the Software and any related documentation remains with WANIDO. Grant of license will immediately cease if the terms and conditions herein are violated, including failure to pay for the subscription.
4. Subscription Licensing
Subscription licensing is done on either a month to month term or a year to year term. Customers may cancel a subscription at any time. The subscription will automatically charge the provided credit card or debit the provided bank account at the beginning of the next term unless the subscription has been cancelled per the requirements set forth in this EULA.
5. Additional Agreements
WANIDO may require you to agree, in order to continue using the Software, to updated terms and conditions which will apply from that date forward.
6. Prices, Taxes and Incidental Charges
WANIDO may alter pricing at any time with notice provided to you. Any price alterations will not be retroactive and will take effect upon the renewal of the subscription Term. Subscription prices do not include any taxes, or other fees required by law, and are the sole responsibility of you to pay. WANIDO may collect taxes if required by law and you agree to pay these to WANIDO when applicable.
7. Product Support Services
WANIDO may make available product support services, training, and other materials (collectively “Support”) related to the Software.
You agree that WANIDO may collect and use technical information gathered as part of the support services provided to you, if any.
8. Disclaimer of Warranty
The Software is licensed “as-is.” You bear the risk of using it. WANIDO gives no express warranties, guarantees or conditions.
WANIDO does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
Further, WANIDO does provide any warranty respecting any harm that may be caused by the transmission of a computer virus or other such computer malware.
WANIDO’s liability and your exclusive remedy for any claims arising out of the furnishing, performance or use of the Software OR ANY RELATED DOCUMENTATION (whether alleged as a breach of contract or tortuous conduct, including negligence) shall be at the option of WANIDO either (a) return of the most recent license fee or Subscription Fees paid.
You are not entitled to any consequential or other damages. In no event shall WANIDO be liable for any special, incidental, punitive, indirect or consequential damages.
By using the Software, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.
11. Termination and Cancellation
Without prejudice to any other rights, WANIDO may suspend or revoke your use of the Software at any time if you violate the terms and conditions of this EULA.
You may terminate your subscription at any time. Subscription fees are not refundable.
12. Data Governance
WANIDO does not own any of your data placed in the Software. Upon termination of usage rights or cancellation, whether by you or WANIDO, you are responsible for obtaining your data and/or ensuring you have proper exports from the Software. You acknowledge that WANIDO will have no responsibility for the deletion, integrity, reliability, legality or right to use data.
13. Applicable Law
The laws of the state of North Dakota shall govern this agreement. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Cass County, North Dakota for resolution of any disputes arising out of this EULA.
14. Entire Agreement; Severability
This EULA, including any addendum, supplement or amendment, is the entire agreement between you and WANIDO relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
© 2020 – Wanido
Last Updated: 3/31/2020
325 7th St South
Fargo, ND 58103
Owner contact email: wanihelp@Wanido.com
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies; Usage Data.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
The Owner may process Personal Data relating to Users if one of the following applies:
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Data is processed at the Owner’s operating offices and in any other places where the parties involved in the processing are located.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Remarketing and behavioral targeting.
Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
The User’s Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services.
The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
This Application does not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.