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Terms & Conditions
Last updated: [01.11.2024]
Welcome to CVRMax, an AI-driven Conversion Rate Optimization (CRO) platform owned and operated by WAM Labs Inc., a company registered at 2810 N Church St, PMB 39370, Wilmington, Delaware 19802-4447, US (“we”, “us”, “our”).
These Terms of Use (“Terms”) govern your access and use of our website, web applications, services, and any other products we provide (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
We may change these Terms from time to time at our sole discretion. We will notify you of any changes by posting the updated Terms on our website. Your continued use of the Services after any changes means that you accept the updated Terms.
1. License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes. You may not use the Services for any other purposes without our prior written consent.
You may not:
- Copy, modify, distribute, sell, lease, rent, or sublicense any part of the Services;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or algorithms of any part of the Services;
- Interfere with or disrupt the operation or security of the Services or any network or system connected to them;
- Violate any applicable laws, regulations, or third-party rights in connection with your access or use of the Services;
- Use the Services in any manner that is harmful, abusive, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Use the Services to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or other forms of solicitation;
- Use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Use the Services to collect or store any personally identifiable information of other users without their express permission;
- Use the Services to infringe or violate our intellectual property rights or those of any third party; or
- Use the Services in any way that is not in accordance with these Terms.
We reserve the right to terminate your license and access to the Services at any time, especially in cases where we find suspicious, fraudulent, or abusive usage of the platform, without notice or liability. We also reserve the right to ban, cancel, or suspend any account due to such activities. Furthermore, we have the right to modify, suspend, or discontinue the Services at any time for any reason, without notice or liability.
2. Intellectual Property Rights
We own and retain all rights, title, and interest in and to the Services and all related content, software, technology, data, and materials, including but not limited to any logos, trademarks, service marks, trade names, domain names, designs, graphics, text, images, and other materials (collectively, the “CVRMax Content”). Nothing in these Terms grants you any rights or licenses to the CVRMax Content, except as expressly provided herein. You acknowledge and agree that the CVRMax Content is protected by applicable intellectual property laws and regulations.
You may not:
- Use the CVRMax Content for any purpose other than as permitted by these Terms;
- Copy, reproduce, distribute, display, perform, transmit, modify, create derivative works from, or otherwise exploit any part of the CVRMax Content without our prior written consent;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices that appear on or in the CVRMax Content.
User Content:
You may submit, upload, or otherwise make available content such as website URLs, audit results, feedback, or other information (“User Content”) through the Services. You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, copy, store, modify, distribute, display, perform, transmit, and create derivative works from your User Content for the purpose of providing and improving the Services.
You represent and warrant that you have all rights and permissions necessary to grant us such license and that your User Content does not infringe or violate any third-party rights. You are solely responsible for your User Content and assume all risks associated with it. We are not liable for any loss or damage arising from your User Content.
We reserve the right to remove or modify any User Content that we deem to be in violation of these Terms, our policies, or any applicable laws, at our sole discretion and without notice.
3. Privacy
We respect your privacy and are committed to protecting your personal information. Please refer to our Privacy Policy for more information on how we collect, use, share, and protect your personal information when you access or use the Services.
4. Payment and Subscription
Pricing Plans:
Our Services are offered under various pricing plans, including Free, One-Time Audit, and Annual Subscription plans. Details of these plans, including pricing and features, are available on our Pricing Page.
Payments:
- By selecting a paid plan, you agree to pay the applicable fees.
- Payments are due at the time you select a paid plan and will cover the use of that service for the specified period.
- All fees are non-refundable unless otherwise stated.
Automatic Renewal:
- Annual Subscriptions will automatically renew at the end of each term unless canceled prior to the renewal date.
- You authorize us to charge your payment method on file for the renewal.
Cancellation:
- You may cancel your subscription at any time through your account settings.
- Cancellations will take effect at the end of the current billing cycle.
5. Disclaimer of Warranties
The Services are provided “as is” and “as available,” without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- The warranty that the Services will meet your requirements, be uninterrupted, error-free, secure, or timely;
- The warranty that the results obtained from the use of the Services will be accurate, reliable, or effective;
- The warranty that any defects or errors in the Services will be corrected; and
- The warranty that the Services are free of viruses or other harmful components.
You acknowledge and agree that your access and use of the Services are at your own risk and discretion. You are solely responsible for any damage or loss that may result from your access or use of the Services or your reliance on any information or content provided by the Services.
Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above exclusions may not apply to you.
6. Limitation of Liability
To the fullest extent permitted by law, we and our affiliates, directors, officers, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to:
- Your access or use of the Services;
- Your inability to access or use the Services;
- Any User Content or CVRMax Content;
- Any third-party content, products, or services accessed through the Services;
- Unauthorized access, use, or alteration of your transmissions or content.
In no event will our total liability to you for all damages, losses, and causes of action arising from or relating to these Terms or your access or use of the Services exceed the amount paid by you for accessing or using the Services in the twelve months preceding the date of your claim or one hundred US dollars (USD 100), whichever is greater.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. Therefore, some of the above limitations may not apply to you.
7. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, licensors, and partners from and against any and all claims, demands, actions, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from or relating to:
- Your access or use of the Services;
- Your User Content;
- Your violation of these Terms;
- Your violation of any third-party rights;
- Your violation of any applicable laws.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claim.
8. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms or your access or use of the Services will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware. You waive any objection to such jurisdiction and venue.
Arbitration Agreement:
You agree that any dispute arising from or relating to these Terms or your access or use of the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. You and we agree to waive any right to a jury trial or to participate in a class action.
Exceptions:
Notwithstanding the foregoing, you and we agree that either party may seek injunctive or other equitable relief in any court of competent jurisdiction for any actual or threatened breach of these Terms or any infringement or violation of any intellectual property rights or other rights.
9. Confidentiality and Data Use
Confidential Information:
You may receive confidential information from us, including audit results, recommendations, and other proprietary data (“Confidential Information”). You agree to keep all Confidential Information confidential and not to disclose it to any third party without our prior written consent.
Data Use:
We may use aggregated or anonymized data derived from your use of the Services for our own business purposes, including improving the Services and developing new features.
10. Content Sourcing and Limitation of Liability for Content
Our Services utilize AI-driven analysis based on various data sources. We do not assume responsibility or liability for the accuracy, quality, or any other aspect of the data analyzed or the recommendations provided. By accepting these Terms, you acknowledge and agree that CVRMax is not responsible for any issues, inaccuracies, or disputes arising from the content provided via the Services, and you waive any claims related to such content against CVRMax.
11. General
Entire Agreement:
These Terms constitute the entire agreement between you and us regarding your access and use of the Services, superseding any prior agreements.
Waiver and Severability:
Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute a waiver. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Assignment:
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate any of our rights or obligations without your prior written consent.
Relationship:
These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us.
Communications:
We may communicate with you electronically regarding the Services. You consent to receive such communications and agree that they satisfy any legal requirement that such communications be in writing.
12. Contact Us
If you have any questions, comments, or feedback about these Terms or the Services, please contact us at:
WAM Labs Inc.
2810 N Church St
PMB 39370
Wilmington, Delaware 19802-4447 US
Email: help@cvrmax.com
We appreciate hearing from you.