THE AGREEMENT: The use of this website and services on this website provided by Wyspur (hereinafter referred to as “Company”) are subject to the following Terms of Service (hereinafter the “Terms of Service” or “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”). Wyspur is not a LinkedIn product. You understand that like any third-party software or tools, LinkedIn Corporation does not endorse the use of Wyspur nor does LinkedIn Corporation have any association with Wyspur.
By registering, accessing or using any services developed, operated, maintained or hosted by Wyspur, including all websites and IP addresses available at and configured for use at https://www.Wyspur.com you agree to be bound to the following terms and conditions (“Terms of Service.”) and you agree that it is enforceable as if it were a written negotiated agreement signed by Wyspur and you.
Wyspur, at its sole discretion, reserves the right to revise, update and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. You agree to use Wyspur at your own risk.
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
You must be 18 years or older to use Wyspur.
You are required to provide a valid email address, and any other information requested in order to complete the signup process and/or continue to use Wyspur. Wyspur reserves the right to terminate your use of the services upon the discovery that the information you provided is not complete or accurate.
You may not use Wyspur for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright, spam, or trademark laws).
You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the service for any fraudulent or inappropriate purpose.
You may not use any robot, spider, other automated device, or manual process to monitor or copy any content from Wyspur.
You may not resell, duplicate or reproduce or exploit any part of the service without the express written consent of Wyspur.
Wyspur may modify, suspend or discontinue this service at any time, for any reason, at its sole discretion if the Client is in breach of terms.
Wyspur reserves the right to refuse service to anyone for any reason at any time.
Wyspur claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to Wyspur.
If you cancel or terminate your Service, all of your content, data, information, text, files, documents, images may be immediately deleted from the Service.
Third-party subscriptions may be required to run certain aspects of your campaign. These subscriptions are not included in our pricing and must be procured directly from the third-party.
All accounts are billed monthly or quarterly in advance of the month. Once the initial period paid for has come to an end, the account will automatically renew on the same charge date and for the same package, unless you modify your package or cancel your account before the charge has taken place, as in line with our “Cancellation and Termination” terms.
No refunds or credits will be granted for partially used or unused months of service.
Wyspur reserves the right to terminate or suspend an account for non-payment of the subscription dues.
If you choose to “Pause” your subscription instead of cancelling, you agree to have your subscription automatically reinstated once the paused period you selected is over.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Changes to Service Fees
Wyspur reserves the right to change service fees with 30 days notice. Such notice may be provided at any time by posting the changes to the Wyspur website (https://www.wyspur.com) or through email. Existing account plans may not be automatically updated in accordance with these changes, but are eligible for a service change, by request.
Cancellation and Termination
You are solely responsible for cancelling your account in writing by reaching out to email@example.com. You may cancel your account at any time before your next charge date. There is no cancellation fee.
All of your Content may be immediately deleted from the Service upon cancellation. Once your account is cancelled, your Content may not be able to be recovered.
Intellectual Property Rights
You agree that Wyspur owns all rights to the code, databases, visual-design and layout of the service itself.
Wyspur claims no intellectual property rights over the material you provide to the service.
You may not duplicate, copy, or reuse any portion of the content of Wyspur’s service without the express written consent of Wyspur.
Reverse Engineering & Security
You agree not to undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Third-Party Links and Content
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
During the term of this Agreement and continuing for 12 months after the termination of this Agreement, neither Party shall directly or indirectly, for its own account or for the account of others, urge, induce, entice, or in any manner whatsoever solicit any client or partner directly involved in the activities conducted pursuant to this Agreement to engage in the services of the other Party or any of its Affiliates. For purposes of the foregoing, urge, induce, entice or solicit shall not be deemed to mean: (a) circumstances where an employee of a Party initiates contact with the other Party or any of its Affiliates with regard to possible cooperation; or (b) general solicitations of business not specifically targeted at clients of a Party or any of its Affiliates, including responses to general advertisements.
Parties shall not use or disclose to anyone any confidential information regarding the other Party’s business operations. Such confidential information shall include all non-public information the Party acquired as a result of interaction with the other Party which might be of any value to a competitor of the Party, or which might cause any economic loss or substantial embarrassment to the Party or its customers, distributors or suppliers if used or disclosed. Examples of such confidential information include, without limitation, non-public information about the Party’s customers, suppliers, distributors and potential acquisition targets; its business operations and structure; its services, formulas and pricing; its processes, technologies and inventions; its research and know-how; its financial data; and its plans and strategies.
Warranties and Liability
Wyspur does not warrant that:
The service will meet your requirements or expectations.
The service will be uninterrupted, timely, secure, bug or error-free at all times.
The calculations performed by the service are accurate.
You expressly understand and agree that Wyspur shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Wyspur has been advised of the possibility of such damages), resulting from your usage of the service.
Your use of the service is at your sole risk. You acknowledge, understand and agree that Wyspur provides the service to you “As Is” and “As Available” without warranty or condition of any kind.
Technical support is only provided to paying account holders and is available as per the terms of your account.
You understand that Wyspur uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the service.
You acknowledge, understand and agree that Wyspur cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated, linked to, or partnered with Wyspur.
Verbal, physical, written or other abuse of any Wyspur customer, employee, member, or officer will result in immediate account termination and legal action.
You agree to defend, indemnify, and hold harmless Wyspur, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the service or your violation of this Terms of Service.
You agree to receive administrative and legal notices about the service electronically via email or snail mail.
Jurisdiction, Venue & Choice of Law: Through Your use of the Website or Services, You agree that the laws of Delaware shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of Delaware. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Delaware. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing law of Delaware. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
The failure of Wyspur to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Wyspur and govern your use of the service, superseding any prior agreements between you and Wyspur (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us.
Wyspur understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, https://wyspur.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Cookie” – means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;
“Cookie Law” – means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
“personal data” – means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”);
“We/Us/Our” – means SM Consulting & Software LLC, a limited company registered in Delaware under company number 93-2759255, whose registered address is 651 N Broad St STE 201 Middletown, DE 19709
2. Information About Us
2.1 Our Site is owned and operated by SM Consulting & Software LLC, with Company Number 93-2759255 with registered address 651 N Broad St STE 201 Middletown, DE 19709
2.2 Our Data Protection Officer is Sean Meenan, and can be contacted by email at sean@Wyspur.com
3. What Does This Policy Cover?
4. Your Rights
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
4.1.1 The right to be informed about Our collection and use of personal data;
4.1.2 The right of access to the personal data We hold about you (see section 12);
4.1.3 The right to rectification if any personal data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
4.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you (We only hold your personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 14);
4.1.5 The right to restrict (i.e. prevent) the processing of your personal data;
4.1.6 The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
4.1.7 The right to object to Us using your personal data for particular purposes;
4.1.8 Rights with respect to automated decision making and profiling;
4.2 If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 14 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
4.3 For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
5. What Data Do We Collect?
Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data:
5.2 contact information such as email addresses and telephone numbers;
5.3 demographic information such as post code, preferences and interests;
5.4 financial information such as credit / debit card numbers;
5.5 IP address;
5.6 web browser type and version;
5.7 operating system
5.8 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to.
6. How Do We Use Your Data?
6.1 All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times.
6.2 Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:
6.2.1 Providing and managing your access to Our Site;
6.2.2 Personalising and tailoring your experience on Our Site;
6.2.3 Supplying Our products and services to you (please note that We require your personal data in order to enter into a contract with you);
6.2.4 Personalising and tailoring Our products and services for you;
6.2.5 Replying to emails from you;
6.2.6 Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time;
6.2.7 Market research;
6.2.8 Analysing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience.
6.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, text message and post with information, news and offers on Our products and services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.
6.5 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
7. How and Where Do We Store Your Data?
7.1 We only keep your personal data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it.
7.2 Your data will be stored on servers located in the United States.
7.3 For UK and EU residents, you agree to have your data stored on US servers. These are military-grade servers through Amazon Web Services, which are compliant with GDPR data storage measures.
7.4 Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data collected through Our Site.
8. Do We Share Your Data?
8.1 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal obligations, a court order, or a governmental authority.
8.2 We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
8.3 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
8.4 We may sometimes use third party data processors that are located outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where We transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR.
8.5 In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
9. What Happens If Our Business Changes Hands?
9.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.
10. How Can You Control Your Data?
10.1 In addition to your rights under the GDPR, set out in section 4, when you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details.
10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
11. Your Right to Withhold Information
11.1 You may access certain areas of Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.
12. How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable, and We will provide any and all information in response to your request free of charge. Please contact Us for more details using the contact details below in section 14.
13.2 All Cookies used by and on Our Site are used in accordance with current Cookie Law.
13.3 Before Cookies are placed on your computer or device, you will be shown a pop up requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.
13.4 Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
13.5 Our Site uses analytics services. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling Us to better understand how Our Site is used. This, in turn, enables Us to improve Our Site and the products and services offered through it. You do not have to allow Us to use these Cookies, however whilst Our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable Us to continually improve Our Site, making it a better and more useful experience for you.
13.6 The analytics service(s) used by Our Site use(s) Cookies to gather the required information.
13.7 In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
13.8 You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.
13.9 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
14. Contacting Us