Terms & Conditions

turnU Lda. is the owner and manager of the platform named “Wipanto” (also referred as “Spotbox” in some locations); is present at Rua do Campo Alegre, N. º 796, 4º Dto Traseiras, 4150-171 Porto, Portugal. By using our platform, the Client and User are accepting the following terms. These terms of service contain a binding arbitration provision and class action waiver. It affects your legal rights as detailed in the arbitration and class action waiver section below. This does not replace any contract signed to the service provider, but instead completes that information. Please read the following carefully.


By accepting using our platform, you agree to the terms and conditions, advertising policies and privacy policies. If you do not accept these terms, please discontinue using the services.


Age requirements: the Services are not intended for users under 16 years of age. By accessing or using the Services, you represent that you are at least 16 years of age.

Wipanto Client Account 


Wipanto’s account is designed to be accessed via the web interface available. The use of Wipanto must always be made through these interfaces and according to provided instructions on the platform. Wipanto cannot be used by any other methods other than the web interface and the public API. Any violation of this principle will suffice to cancel your account and take legal reason. Using Wipanto grants no ownership over the intellectual rights or the content accessed, as described in the advertising policy. Wipanto may examine advertising campaigns and determine whether it violates some industry rules, our policy or other rules. Using Wipanto implies the Client’s acceptance of a communication flow (phone, email or sms) for alerts, notifications or other messages as presenting new features or services.


Wipanto monitors and records traffic generated in the campaigns in accordance with the service provided by Wipanto.


Wipanto shall have the right to reference and refer its relationship with the Client for marketing and promotional purposes.
In case of conflict between the platform’s terms and conditions and a Client agreement signed by both Wipanto and the Client, the Client’s agreement shall prevail. Therefore, when accepting the platform’s terms and conditions, the Client is accepting only the clauses that are not mentioned on the signed service contract.


You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur on your account. In creating an account, you represent to us that all information you provide in such process is true, accurate and correct, and that you will update your information as necessary to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information. You agree to notify us immediately of any unauthorized use of your account by contacting us at the information provided below and to change your password.


Wipanto’s clients can create marketing campaigns (such as e-mail marketing campaigns), defining an action. Wipanto can cancel a campaign if it induces the user in error, if it uses brands or companies not directly associated with the Client, if it does not comply with any of the industry’s standards.


Content & Licenses


Wipanto is the sole and exclusive copyright owners of the Services and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding third party content (“Our Content”). We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works that have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of us and such others. You agree to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, intellectual, statutory, or common law rights by contacting us using the information below.


We grant you a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Our Content only for your personal, noncommercial use; however, you may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on, or in conjunction with, Our Content. Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright or other IP Rights infringement depending on the circumstances.


Restrictions on Use


Without limiting the generality of these Terms, in using the Services, you specifically agree not to engage in any activity that, in our sole discretion:

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  • Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;

  • Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

  • Is illegal, or violates any federal, state, or local law or regulation;

  • Attempts to impersonate another person or entity;

  • Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, or other advertising materials;

  • Falsely states, misrepresents, or conceals your affiliation with another person or entity;

  • Accesses or uses the account of another user without permission;

  • Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

  • Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;

  • “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;

  • Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;

  • Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;

  • Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access;

  • Collects, accesses, or stores personal or private information about other users;

  • Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or

  • Attempts to do any of the foregoing.


If you believe content on the Services violates the above restrictions, please contact us via the information provided below. You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body


Guarantees


Wipanto will always try to improve its platform with new features and improvements in operating speed due to this actions, the platform may be unavailable for certain periods of time. We aim to reduce this maximum periods and minimize the impact that it may have for users.
The Wipanto, or its distributors, do not make any assumptions about the level of functionality, reliability or availability of the service. The platform is provided "as is". 


Wipanto shall not be liable for any loss of revenue, profits, data, financial loss or legal action or direct or indirect fines.


Under no circumstances will we be held liable for any damages due to such interruptions or lack of availability. Upgrades or updates of the Services may be made available from time to time. We do this to improve the quality of the Services that we provide to you and other users.


Changing conditions


Wipanto may modify, add conditions of use, suspend, or discontinue all or any part of the Services at any time. The users should regularly review the terms in the platform. Whenever significant changes occur, Wipanto will notify Advertisers by email, about the update on the terms and conditions. If you disagree with the changes of the terms, you should stop using the platform immediately, and report to your Account Manager.


Account Closure


The Client may suspend the use of the platform at the end of its contract. This process should be done through "normal " means of communication. Ex: E-mail/telephone. The effects of suspension apply to the client’s activity after the deadline indicated above. Therefore, any subsequent actions that happened after the suspension confirmation, but related with advertising actions performed prior to the suspension, will be counted for the purposes of billing.


In case of fraud or misusage of the platform the account will be suspended until regular activity takes place. If proven that there was fraud or misusage of the platform the account will be permanently closed, however any subsequent actions that happened during the temporary suspension or after the definitive closure will be counted for the purposes of billing.

Case of dispute


For any case of dispute, Advertisers agree to settle any/all dispute(s) under this agreement via Tribunal Judicial do Porto in Porto city, Portugal.
 
turnU, Lda
Address: Rua do Campo Alegre, N. º 796, 4º Dto Traseiras, 4150-171 Porto, Portugal
E-mail: support @ wipanto.com 
VAT no.: PT513883134

© 2020 by turnU