Terms of Service

Introduction

These Terms of Service ("Terms") govern your access to and use of the Wihyu service, website, and related applications (collectively, the "Service") operated by Wihyu ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms.

Wihyu is a B2B SaaS platform that provides job market intelligence and target account intelligence services to help sales and marketing teams identify companies that need their products or services. These Terms constitute a legally binding agreement between you and Wihyu.

Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with any part of these Terms, you must not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and the terms "you" and "your" will refer to both you individually and such organization.

Description of Service

Wihyu provides a software-as-a-service platform that analyzes job market data to provide business intelligence, including but not limited to: company hiring patterns, job posting analysis, target account identification, competitive intelligence, and related analytics and reporting services.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We do not guarantee that the Service will be available at all times or that it will be error-free or uninterrupted.

User Accounts and Registration

To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and your organization as prompted by the registration form.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You are responsible for all activities that occur under your account, whether authorized by you or not. We are not liable for any loss or damage arising from your failure to comply with this section.

Use of Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. Your use of the Service is subject to the following restrictions:

Permitted Uses

• Access and use the Service for your internal business purposes
• Use the data and intelligence provided by the Service to identify potential customers and business opportunities
• Export and integrate Service data with your CRM and other business systems
• Share Service data within your organization for business purposes

Prohibited Uses

• Resale or Redistribution: You may not resell, redistribute, or sublicense the Service or any data obtained through the Service to third parties without our express written consent.
• Reverse Engineering: You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Unauthorized Access: You may not attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Interference: You may not interfere with or disrupt the Service or servers or networks connected to the Service, or violate any requirements, procedures, policies, or regulations of such networks.
• Automated Access: You may not use automated systems (such as bots, scrapers, or spiders) to access the Service without our prior written permission.
• Illegal Activities: You may not use the Service for any illegal or unauthorized purpose, or in violation of any laws, regulations, or third-party rights.
• Data Mining: You may not use the Service to collect, harvest, or mine data about other users or companies beyond what is provided through normal use of the Service.

Intellectual Property Rights

The Service, including all content, features, functionality, software, text, graphics, logos, and other materials, is owned by Wihyu or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You acknowledge that the Service contains proprietary and confidential information. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service without our prior written consent.

The Wihyu name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wihyu or its affiliates. You must not use such marks without our prior written permission.

User Content and Data

You retain ownership of any data, information, or content that you submit, upload, or provide to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such User Content solely for the purpose of providing and improving the Service.

You represent and warrant that you own or have the necessary rights to all User Content you submit, and that such User Content does not violate any third-party rights or applicable laws.

We reserve the right to remove or refuse to process any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

Payment Terms

Access to certain features of the Service requires payment of fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise stated in writing. You agree to pay all fees associated with your use of the Service.

Fees are billed in advance on a monthly or annual basis, as selected by you. If you upgrade your subscription, you will be charged the prorated difference for the remainder of your billing period. If you downgrade, the change will take effect at the start of your next billing cycle.

You are responsible for providing accurate billing information. We reserve the right to change our pricing with 30 days' notice. If you do not agree to the new pricing, you may cancel your subscription before the change takes effect.

Subscription and Cancellation

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.

Upon cancellation, your access to the Service will continue until the end of your current billing period. No refunds will be provided for the unused portion of your subscription period, except as required by law.

We reserve the right to suspend or terminate your subscription immediately if you breach these Terms or fail to pay any fees when due.

Data Accuracy and Disclaimer

The Service aggregates and analyzes data from various publicly available sources, including job postings, company information, and other business intelligence sources. While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or timeliness of any data provided through the Service.

The data provided through the Service is for informational purposes only and should not be relied upon as the sole basis for making business decisions. You should verify any critical information independently before taking action based on Service data.

We are not responsible for any errors or omissions in the data, or for any actions taken or decisions made based on such data.

Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the Service in terms of correctness, accuracy, reliability, or otherwise.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIHYU, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Wihyu, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by canceling your subscription and contacting us to request account deletion. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We reserve the right to discontinue or modify the Service at any time, with or without notice to you.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new terms, you must stop using the Service and may cancel your subscription.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

You agree that any arbitration will be conducted in Boston, Massachusetts, and that you waive any right to a jury trial or to participate in a class action lawsuit.

General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wihyu regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control.
• Notices: All notices under these Terms must be in writing and will be deemed given when delivered personally, sent by confirmed email, or mailed by registered or certified mail.

Contact Information

If you have any questions about these Terms, please contact us: