Witagile Terms of Services
You are responsible for all activity occurring under your User or Customer account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations, which are required, by your employer and/or the applicable administrators of your account. You shall: (i) notify Witagile immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Witagile immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by You or other users to violate this Agreement or the intellectual property rights of third parties; and (iii) not impersonate another Witagile user or provide false identity information to gain access to or use the Service. By accessing the Service, You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct By using Witagile, You agree that You will not:
- (a) Upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- (b) Harm minors in any way;
- (c) Upload, post or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (d) Upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- (e) Upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;
- (f) Upload, post 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;
- (g) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- (h) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices.
- (i) Offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Witagile determines, in its sole discretion, is inappropriate for sale through the Service provided by Witagile;
- (j) Use the Account website as a redirecting/forwarding service to another website;
- (k) Exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people's comments or User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, Witagile retains the right to terminate such account at any time without further warning;
- (l) Abuse bugs found within the panel in any way.
Witagile does not own any data, information or material that You or others submit to the Service in the course of using the Service ("Uploaded Data"). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Uploaded Data that You submit. Witagile shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data. The Customer and/or User are fully liable for the legality of all Uploaded Data stored by the Customer and/or User on the Service. Furthermore the Customer and/or User is fully liable, if such Uploaded data is infringing upon third party rights, and accordingly agrees to indemnify Witagile for all claims and losses related to such infringement and/or illegality. If Witagile on its own or through any third party has notice that Uploaded Data stored by the Customer and/or User is in violation of any law or infringes third party rights, Witagile shall have the unfettered right to - without liability to the Customer or User - immediately suspend access to such data without prior notice to the User or Customer. The Customer and/or User may be notified by Witagile of any such action under this Section, when reasonable and possible. The administrator shall have control over all applicable Uploaded Data submitted to the Service, and all Uploaded Data will be deemed to be owned by and the property of the applicable employer. Upon request by the applicable administrator, Witagile may remove, modify, edit or otherwise alter any applicable Uploaded Data.
Witagile will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of Witagile.
Language of the Terms of Services
Witagile provides you Terms of Services in only English Language. Terms of Services which is written in English will govern your relationship with Witagile.
Termination and Cancellation
You agree that Witagile may without prior notice immediately terminate your Witagile account and access to the Service (both as a Business User and/or Individual User(s)). Such termination may be made in Witagile's sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which Witagile may terminate your account and access to the Service shall include, but not be limited to: (a) breaches or violations of the Terms of Services or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Service; (i) inappropriate domain or company name. Further, you agree that all terminations for cause shall be made in Witagile's sole and absolute discretion and that Witagile shall not be liable to you or any third party for any termination of your account, or access to the Service.
No Resale of the Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Witagile.
Witagile does not keep any of your credit card information. Only your billing address is recorded to our database. All fees and charges are nonrefundable, and there are no refunds or credits for partially used or non used periods. All transactions are made in Turkish Liras (TRY) and processed to United States Dollar (USD) from per diem rate of Central Bank of Turkey; thus, minor changes because of currency rate may apply. Witagile will not demand the missing amount of the payment if it happens; customers are also accepts that they will not demand refund for extra payments caused of currency rate. If you elect to upgrade your service level or otherwise add any paid component or feature, we will pro-rate the amount due based on the number of days remaining in your billing cycle; provided, however, that any such proration shall be based on your service level or paid components or features in existence immediately prior to your election to upgrade or add paid components or features. We may change the fees and charges in effect or add new fees and charges from time to time. If you elect to downgrade your service level or otherwise add any paid component or feature, we will not refund the pricing difference, however we will add days of service to your new level of service.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Witagile, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the service, whether or not Witagile has been warned of the possibility of such damages and even if a remedy fails of its essential purpose. Witagile’s aggregate liability for all claims related to the service shall not exceed the greater of $100 or the amounts paid by you to Witagile in connection with your use of the service during the twelve (12) month period prior to the claim giving rise to such liability.
Witagile will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you elect to terminate your subscription, there is a three month grace period after which is it deleted from the Witagile service. After three month if you chose to not renew your subscription, your data will permanently be deleted.
You agree to be identified as a customer of Witagile and you agree that Witagile may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in Witagile's advertising materials and web site. You hereby grant Witagile a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to Witagile pursuant to this advertising section.
Modification to Terms
We may update or modify these Terms from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you by email or via the web-site. You agree to review the terms of services periodically so that you are aware of any modifications.
The Witagile and Witagile logo trademarks and service marks and other Witagile logos and product and service names are trademarks of Witagile.