Terms of Service

Last update: August 27, 2019

Extended version

The following terms and conditions govern all use of the wetopi.com website and all content, services and products available at or through the website. By registering for an account at https://app.wetopi.com/signup you are agreeing to the Terms of Service and all other clauses listed herein.

Reduced version

The following terms and conditions govern all use of the wetopi.com services

The parties

Your agreement is with Inte, implantación de nuevas técnicas empresariales, S.L. CIF B61386777, Business Official Registration Bureau at Barcelona, Book 29858, Page 0073, Leave 163237 Inscription 1st. With address C/Sant Martí 3 – 08172 de Sant Cugat del Valles , Barcelona – Spain, registered by Dun&Bradstreet with D-U-N-S: 564329605 (Spain) (each, “Inte”, “Wetopi” or “we”). Where Wetopi is a service mark registered by Inte.

The parties

Your agreement is with Inte, owner of the service mark Wetopi

Please read this Agreement carefully before accessing. When you register by creating an account in our site https://app.wetopi.com/signup, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services or simply deactivate your account and not continue using it.

When you register by creating an account you agree the Terms of Service.

If you do not agree, you can cancel your registration or delete your account.

The Website is not directed to children younger than 13, and services on the Website are only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website services. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

Wetopi website and its services is for users 13 years of age or older.

Your wetopi.com Account and Site

If you create a website using Wetopi servers, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Wetopi may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Wetopi liability. You must immediately notify Wetopi of any unauthorized uses of your website, your account or any other breaches of security. Wetopi will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Your Account and Site

You are responsible for maintaining the security of your account and website.

Responsibility of your server Content

If you use Wetopi server services to operate websites, comment on websites, post material on websites, post links on websites, or otherwise make (or allow any third party to make) material available by means of Wetopi servers (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. Without limiting any of those representations or warranties, Wetopi has the right (though not the obligation) to, in Wetopi’s sole discretion (i) refuse or remove any content that, in Wetopi’s reasonable opinion, violates any Wetopi policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Wetopi’s sole discretion. Wetopi will have no obligation to provide a refund of any amounts previously paid.

Responsibility of your server Content

You are entirely responsible for the content of your websites, and any harm resulting from, that Content.

“Free from Hack” Guarantee

With our “Free from Hack Guarantee” at Wetopi, we are committed to solving any security problem free of charge and immediately.

To get the coverage of our “Free from Hack” Guarantee, it is necessary to:

  1. Have a servers of “Medium” size or higher.
  2. Take the necessary precautions to protect yourself and your website from any harmful or malicious content. As an example, you must keep up to date security patches of your WordPress Extensions, Themes, and Core files.

“Free from Hack” Guarantee

We solve any security problem if:

  1. Your server is “Medium” or higher.
  2. You take precautions and update when there are security patches.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which wetopi.com links, and that link to wetopi.com. Wetopi does not have any control over those non-Wetopi websites and webpages, and is not responsible for their contents or their use. By linking to a non-Wetopi website or webpage, Wetopi does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wetopi disclaims any responsibility for any harm resulting from your use of non-Wetopi websites and webpages.

Content Posted on Other Websites

Wetopi disclaims any responsibility for any harm resulting from your use of non Wetopi websites.

Payments

Client shall pay by valid payment method for the non Free Services provided by Wetopi at the fee set forth on the management panel https://app.wetopi.com/

From our Wetopi panel you can buy or cancel all paid services.

Every Wetopi account has its own wallet.

All transactions are recorded in your wetopi-wallet: payments, refunds, credit from referrals, and all consumptions: Pay-Per-Use consumptions and Subscriptions.

Your wetopi-wallet credit will be updated on a daily basis.

Subscription services will be automatically charged at the end of their cycle. If the charge for the payment fails for 3 consecutive days, the Service will switch to Pay-Per-Use mode.

It is possible to resize a service subscription at any time. When changing a subscription, wetopi shifts the renewal date, avoiding the need to register any payment or credit transaction.

It is possible to cancel a subscription at any time. When canceling a service subscription, your services will switch to Pay-Per-Use mode and the remaining balance will be added to your wetopi wallet.

Pay-Per-Use services are pro-rated by the hour and paid daily using the balance of your wetopi wallet.

By default, wetopi restores the negative balance of your wetopi wallet. During the process of Pay-Per-Use services, If wetopi finds an account overdraft, then your default payment method will be used to purchase credit.

What happens when you overdraw your wallet account?

  1. Warning period – days 0 to 4 – no changes. You will receive email alerts.
  2. Stop period – days 5 to 7 – servers remain stopped.
  3. Backup period – days 8 to 89 – servers are removed and backups preserved.
  4. End – day 90 – sites and backups will be destroyed.

Payments

Your wetopi account has its own wallet where you put credit to buy paid services.

If you don’t pay your services stop, and after 90 days of overdraft, your content gets removed.

Taxes

Prices listed in wetopi.com do not include taxes.

For Wetopi users in Spain, VAT is charged on top of Wetopi fees at the Spanish VAT rate, currently 21%

— Using Wetopi in Europe outside Spain
Wetopi does not charge VAT on Wetopi fees to customers with valid VAT ID located in European countries outside Spain. Instead, you will need to self-account for VAT in your local VAT return under the reverse charge scheme at the prevailing VAT rate in your local country. Your accountant will be able to assist you with VAT reporting through the reverse charge scheme.

Wetopi users located outside European Union are not charged the VAT.

Taxes

Prices listed in wetopi.com do not include taxes.

We add 21% VAT on EU when ES or no VAT-ID.

As Wetopi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by wetopi.com violates your copyright, you are encouraged to notify Wetopi. Wetopi will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Wetopi will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Wetopi or others. In the case of such termination, Wetopi will have no obligation to provide a refund of any amounts previously paid to Wetopi.

Your use of the Website grants you no right or license to reproduce or otherwise use any Wetopi or third-party trademarks.

Intellectual Property

This Agreement does not transfer from Wetopi to you any Wetopi or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Wetopi. Wetopi, wetopi.com, the wetopi.com logo, and all other trademarks, service marks, graphics and logos used in connection with wetopi.com, or the Website are trademarks or registered trademarks of Wetopi or Wetopi’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Wetopi or third-party trademarks.

Intellectual Property

This Agreement does not transfer from Wetopi to you any Wetopi or third party intellectual property.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on your account panel, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using wetopi.com within the designated notice period. Your continued use of wetopi.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Changes

If we make changes, we will let you know by posting on the panel, or by sending you an email

Termination

Wetopi may terminate your access to all or any part of the website at any time, if as registered user you are in breach of any of the obligations under this Agreement.

You can terminate your access to all Wetopi services at any time, with or without cause, with or without notice, effective immediately. You can do it yourself by removing your services and destroying your personal. You will find the -Account Termination Form- in your wetopi panel.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Termination

You can terminate your Wetopi services at any time.

Disclaimer of Warranties

This Website with its services is provided “as is”. Wetopi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Wetopi nor its suppliers and licensors, makes any warranty that the Website and its services will be error free or that access thereto will be continuous or uninterrupted. In order to give specific and measurable aspects related to Wetopi services, we make part of this Service Terms the SLA – Service Level Agreement

Disclaimer of Warranties

Limitation of Liability

In no event will Wetopi, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Wetopi under this agreement during the twelve (12) month period prior to the cause of action. Wetopi shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Limitation of Liability

Indemnification

You agree to indemnify and hold harmless Wetopi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and its services, including but not limited to your violation of this Agreement.

Indemnification

Inclusions

These Terms of Service together with our Data Protection Policy (https://wetopi.com/data-protection-policy/), SLA (https://wetopi.com/service-level-agreement/) and Acceptable Use Policy (https://wetopi.com/acceptable-use-policy/) constitute the entire Contract and understanding of the parties. Any changes or modifications to these Terms of Service of Contract thereto are agreed to by the both parties upon renewal of services.

Inclusions

Translation

These Terms of Service were originally written in Spanish (ES). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the Spanish version, the Spanish version will control.

Translation

Miscellaneous

Miscellaneous. This Agreement constitutes the entire agreement between Wetopi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Wetopi, or by the posting by Wetopi of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and services will be governed by the laws of Barcelona, Spain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Barcelona, Catalonia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Barcelona, Catalonia, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Wetopi may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Miscellaneous

Note

We’ve decided to make the below Terms of Service available under a Creative Commons ShareAlike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you.

Note

Thanks a lot Automatic for sharing your therms under Creative Commons (The original terms are provided by WordPress.com)