Terms of Service
AT THE BEGINNING OF EACH SECTION BELOW YOU WILL FIND OUR TERMS OF SERVICES EXPLAINED IN SO-CALLED PLAIN ENGLISH (IN BOLD TEXT) FOLLOWED BY THE CORRESPONDING LEGALLY-BINDING LANGUAGE (IN ITALICIZED TEXT).
Plain-English Terms of Service
Please review these terms carefully and understand that you must agree to them to continue to use Wicked Reports. If you are using Wicked Reports on behalf of your business, make sure you are allowed to agree to our terms of service.
Although we may change our terms of service occasionally, if we do so, rest assured that you will be notified via an in-app message.
We have provided a plain-English summary of our terms of service to help with your understanding, but the plain-English text is not legally binding on you: only the italicized text of our full terms of service is binding. You should, therefore, read the full legal terms of service, including all italicized text.
We last updated this policy on July 26, 2023.
Legal Terms of Service
Date of Last Revision: July 26, 2023
The following terms and conditions (these “Terms of Service”) govern all use of the wickedreports.com website, including the Wicked Reports Blog (https://wickedreports.com/) (the “Blog”) and the Wicked Reports Application (https://my.wickedreports.com) (the “App,” and together with the Blog, the “Website”), and all content, services, features, activities and products available at or through the Website (the Website, together with all other content, services, features, activities and products available at or through the Website, are herein collectively referred to as the “Services”. The term “you” or “your” or “Customer” refers to the customer accepting these Terms of Service, whether on the Website or by separate execution, and includes each of your subsidiaries, affiliates, and employees. The Services are owned and operated by Wicked Reports, LLC (also referred to as “we”, “our” or “us”). Please read these Terms of Service carefully before using the Services.
If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.
1. Account Registration and Access
You must be allowed to use our services under your local laws.
You are responsible for keeping up to date the information you provide to us when you sign up for our services.
You are responsible for the security of your passwords and for any use of your account.
We may access your account to provide services and support or for any other business purpose.
You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
To register for the Services and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing Wicked Reports with the requested information including your name, email address, telephone, username, and password. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date.
You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify Wicked Reports immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.
Wicked Reports may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
The pricing of Wicked Reports’ Services is based on your annualized tracked revenue as reported by your authorized order source.
Your subscription will automatically renew at the current pricing.
If your payment fails, our services will be terminated.
Our cancellation and no refund policy can be found at https://www.wickedreports.com/cancellation-refund-policy/.
We may change prices of plans. If we do, you will automatically be moved to the according plan and price based on your previous plan or usage.
You may be billing amount may change based on promotions, tax changes, or plan price changes. If you do not pay, we can shut off your service.
You are responsible for keeping your billing information up to date with us. You are responsible for any collection costs.
2.1 SUBSCRIPTION TERMS
Wicked Reports subscription services (the “
You will select your Plan as part of your registration for the Services. Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g., annually or monthly).
The fees for the Wicked Reports Service and any additional Professional Services are set forth in the Order Form and are payable in advance, irrevocable and non-refundable except as set forth in the Order Form and these Terms. You agree to provide Wicked Reports with complete and accurate billing and contact information. Where payment by credit card is indicated in the Order Form, or You otherwise provide Wicked Reports with credit card information, You authorize Wicked Reports to bill such credit card (a) at the time that You order the Wicked Reports Service or other Professional Services set forth in the Order Form, (b) for any billing frequency otherwise established in the Order Form, and (c) at the time of any renewal, for the amount charged plus any applicable sales taxes for any renewed Subscription Term.
At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Wicked Reports with email notice (sent to firstname.lastname@example.org) of your intent not to renew your Plan at least five (5) days prior to the end of the then-current subscription period.
To view the specific details of your Plan, including pricing information and the end date of your subscription period, contact us via our in-app chat or at email@example.com.
2.2 BILLING POLICIES, REFUNDS, OVERAGES
The fees for your Plan are billed in advance of each billing cycle. In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services, except where allowed by Wicked Reports’ Refund Policy (https://www.wickedreports.com/cancellation-refund-policy/).
If you exceed your Plan’s Unique Visitor limits in any given month, you will be automatically upgraded to the next level Plan for the remainder of your subscription period.
2.3 CHANGES IN FEES
We may change the fees for the Services at any time or impose additional fees or charges.
Such changes will be effective as of the next billing cycle after notice of our new fees, as provided for in Section 11 herein, provided that if you upgrade or downgrade to a new Plan, whether at your election or exceeding limits according to Section 2.2, you will be charged at the then-current rate for such Plan, as provided at https://Wicked Reports.com/.
2.4 PAYMENT OF FEES
As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.
We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
You shall pay all personal property, sales, use, value-added, withholding and similar taxes (other than taxes on Wicked Reports’ net income) arising from the transactions described in these Terms, even if such amounts are not listed on an Order Form. To the extent You are exempt from sales or other taxes, You agree to provide Wicked Reports, upon request, with the appropriate exemption certificate.
We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
2.5 CREDIT CARD PAYMENTS
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact Wicked Reports if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Wicked Reports username or password).
You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
Wicked Reports may terminate the Service if the billing or contact information provided by You is false or fraudulent. Wicked Reports also reserves the right, in its discretion, to suspend or cancel Your access and/or use of the Service: (i) where any payment is due but unpaid under any Order Form or account associated with You and You have been requested but failed to promptly cure such payment failure; or (ii) in the event a dispute arises on Your account as to who at Your business has authority to act or manage Your account and Wicked Reports is not promptly provided with written instructions from the interested parties associated with Your account that fully resolves the dispute. You agree that Wicked Reports shall not be liable to You nor to any third party for any suspension or cancellation of the Wicked Reports Service resulting from Your non-payment of Fees or from a dispute as to the management rights to Your account.
3. Licenses and Restrictions
You are allowed to use our software. To do so, you will share your contact, order, web traffic, and ad performance data, which we will use to provide reporting and analysis. We may also use your data, in aggregate and with no identifying information, for other purposes such as service delivery, product improvements, and marketing. You are liable for all uses of the software. Don’t reverse engineer, modify, or create a derivative of the software.
You are the Data Controller, meaning you own the data of your users and customers. Wicked Reports is a Data Processor, whom you give exclusive license to manage this data.
We have rights to anything you post in a public area owned by us.
3.1 LICENSE TO WICKED REPORTS SOFTWARE
Subject to the terms and conditions of this Agreement, Wicked Reports (the “Data Processor”) hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to (a) include the Wicked Reports-provided code (together with any fixes, updates and upgrades provided to you, the “Wicked Reports Tracking Code”) in the HTML code for web page(s) that are properly registered for the Services and owned or operated by you, solely for the purposes of accessing and providing information to the Services and accessing information available from the Services with respect to such web page(s); and (b) remotely access the Services to view and download your analysis and reporting stored on the Wicked Reports Website, located at https://my.wickedreports.com.
Except as expressly set forth herein, you shall not (x) use, reproduce, modify, or create derivative works of the Wicked Reports Tracking Code, or (y) transfer, lease, lend, sub-license, use for time-sharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the Wicked Reports Tracking Code or the Services (z) with the exception of third-party that is using the Services on your behalf or you using the Service on the third-party’s behalf. In this exception, you are fully liable for your and the third-party’s use of the Services as described in Section 5.
3.2 LICENSE TO CLIENT DATA
As between you (the “Data Controller”) and Wicked Reports, you shall retain ownership of any information, data and statistics that Wicked Reports obtains from your website or authorized data sources via API, HTTP Posts, data imports, or other means, such as raw data and log files generated by and/or provided to the Services.
You hereby grant to Wicked Reports a royalty-free, non-exclusive, irrevocable, right and license to access or modify any webpage on which you have installed the Wicked Reports Tracking Code (“your web page(s)”) and to access and log (a) any information concerning users’ actions, entries, or activities on your web page(s), (b) any information sent to you by users’ web browsers concerning users’ web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), (c) any data provided by your authorized Order and Contact sources, (d) any data provided by your authorized ad platforms, (e) any data provided by your authorized Google Analytics account, and/or (f) any data or other information you provide to Wicked Reports (collectively “Client Data”) for the purposes of (i) providing you with analytics, reporting, and other functions related to the Services; (ii) analyzing and improving the Services; and/or (iii) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, Wicked Reports’ marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.
You represent and warrant that you have all rights, licenses, and consents required to license Client Data to Wicked Reports on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.
3.3 LICENSE TO MATERIAL WHICH YOU POST
By posting any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material (“Material”) to the Wicked Reports Blog or any other public area, you hereby grant Wicked Reports an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display, or create derivative works from all or any portion of the Material. You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.
On all pages that you install the Wicked Reports tracking code, you (if your local law requires you) MUST:
- Comply with all applicable laws regarding privacy.
- Provide the notifications or obtain consent required by law to all your visitors to permit Wicked Reports to track them.
- Never use Wicked Reports to collect or analyze sensitive information.
- An explanation that states you use third-party service providers to provide certain analytics and user interactions services to you in connection with your operation of your website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to such website and you may disclose Visitor data, including Personally Identifiable Information, to certain such third-party services providers in order to obtain such services
- (If laws require) You will enter into a data processing addendum with Wicked Reports. The Data Processing Addendum is made available prior to your subscription.
As used in this section, “Personally Identifiable Information” refers to information that can be used to personally identify a unique individual, such as name, address and phone number.
4.2 YOUR OBLIGATIONS WITH RESPECT TO VISITOR INFORMATION
The Services allow you to link anonymous data regarding your Visitors’ activities and actions on your web page(s) with Personally Identifiable Information that you have collected regarding the Visitor. You shall be solely responsible for the consequences of using, disclosing, or transmitting such Visitor data, including Personally Identifiable Information.
You represent and warrant that:
- You will comply with all applicable laws, including, but not limited to, those followed regarding the transfer of Personally Identifiable Information from the European Economic Area and/or Switzerland to the United States under the U.S. – EU Privacy Shield framework and U.S. – Swiss Safe Harbor, respectively, relating to the collection, use and disclosure of Visitor data, including Personally Identifiable Information, to Wicked Reports;
- (If laws apply) You will provide all required notifications and obtain all required consents and authorizations from your website Visitors to permit Wicked Reports to collect, obtain and/or use Visitor data, including Personally Identifiable Information, relating to Visitor use of your website, for the purposes of providing the Services;
- You will not use the Services to collect or analyze sensitive Personally Identifiable Information (e.g. personal health information, political opinions, religious or philosophical beliefs);
- You use third-party service providers to provide certain analytics and user interactions services to you in connection with your operation of such website, including the collection and tracking of certain data and information regarding the characteristics and activities of visitors to such website;
- You may disclose Visitor data, including Personally Identifiable Information, to certain such third-party services providers in order to obtain such services.
- (If laws require) You will enter into a data processing addendum with Wicked Reports. The Data Processing Addendum is made available prior to your subscription.
As used in this Agreement, “Personally Identifiable Information” refers to information that can be used to personally identify a unique individual, such as name, address and phone number, and “Customer Data” refers to data, information, programs, and other content provided or transmitted by you to the Services, including, without limitation, customer marketing content and personal data, including personal data of end customers and prospects.
5. Third Parties
If you use Wicked Reports on behalf of a third-party, you must ensure the terms of this agreement are followed by you and the third-party. The third-party still owns the data.
If you provide access to your Wicked Reports account or any portion thereof to any third party or use the Service to collect information on behalf of any third party (“
If you use the Service on behalf of any Third Party, you represent and warrant that (a) you are authorized to act on behalf of, and bind to this Agreement, that Third Party, (b) as between the Third Party and you, the Third Party owns any rights to Customer Data in the applicable account, and (c) you shall not disclose Third Party’s Customer Data to any other party without the Third Party’s consent.
You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. Wicked Reports makes no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, you shall take all measures necessary to disclaim any and all representations or warranties that may pertain to Wicked Reports, the Service, the Software or the Reports, or use thereof. You agree to indemnify, hold harmless and defend Wicked Reports, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against Wicked Reports or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Wicked Reports, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (w) any representations and warranties made by you concerning any aspect of the Service, the Software or Reports to Third Parties; (x) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Service, the Software or Reports; (y) violations of your obligations of privacy to any Third Party; and (z) any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Reports.
6. PROPRIETARY RIGHTS; RESTRICTIONS ON USE
Any opinions posted on our site by contributors, authors, moderators, etc. do not necessarily represent Wicked Reports’ opinions.
Anything you post to a place owned by Wicked Reports, Wicked Reports has the right of full control over the material.
For clarity, please read the full legal version of this section. These terms clearly state the restrictions of the use of Wicked Reports.
Wicked Reports and you agree not to disclose the other’s confidential information or use the other’s confidential information except for exercising rights and performing obligations under this Agreement.
6.1 CONTENT ON THE WEBSITE
Any opinions expressed by the contributors, authors and moderators who post content to the Website are the personal opinions of the authors, not of Wicked Reports, whether or not the authors are employees or contractors of Wicked Reports. The Website and all materials published and/or distributed on or through the Website (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips) are provided for informational and entertainment purposes only and are not meant to be an endorsement or representation by Wicked Reports or any other party.
6.2 WICKED REPORTS’ EXCLUSIVE RIGHT TO MANAGE MATERIAL
You acknowledge that any Material you post, upload, or submit to the Wicked Reports Blog or any public place owned by Wicked Reports may be edited, removed, deleted, modified, published, transmitted, and displayed by Wicked Reports in its sole discretion and without your permission and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any Material from the Wicked Reports Blog or any public place owned by Wicked Reports at any time, for any reason or for no reason at all. However, Wicked Reports shall not be responsible for controlling or editing any Material and Wicked Reports cannot ensure removal of inappropriate or unlawful Material. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Material or for any failure to do so.
Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Wicked Reports; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Wicked Reports other than in the name of Wicked Reports; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
6.4 RESTRICTIONS ON USE AND COMPLIANCE
YOU SHALL NOT:
- Use, or allow the use of, the Wicked Reports Technology and Service, except pursuant to the limited rights expressly granted in this Agreement;
- Use the Wicked Reports Technology and Service in any manner that is inconsistent with user documentation, if any, supplied to you by Wicked Reports or inconsistent with Wicked Reports’ standard security procedures, if any, accessible through your user interface;
- Attempt to reverse engineer, hack into, or compromise any aspect of the Wicked Reports Technology and Service, or attempt to access data or account information of any other customer of Wicked Reports;
- Remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Wicked Reports;
- Use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the Wicked Reports Technology and Service;
- Use the Wicked Reports Technology and Services for academic research or research unrelated to your Visitors or the web page(s) registered for use with the Services, or for contemplated litigation, scholarship, or any other unintended purpose;
- Post or transmit any libelous, defamatory, indecent, obscene, abusive or pornographic message, data, image or program; post or transmit any message, data, image or program that would violate any property rights of others using the Services or on the Wicked Reports Blog or public place owned by Wicked Reports;
- Upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;
- Use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others.
- Run any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited.
- Have any form of unlawful traffic go to your site while using the Services.
- Exceed the Unique Visitor limit of our largest Plan available on https://Wicked Reports.com/#pricing (currently 100,000 Unique Visitors per month) without prior consent given by Wicked Reports or be subscribed to an “Enterprise” Plan.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights.
6.5 CONFIDENTIAL INFORMATION
Confidential Information. During the term of this Agreement, each party (the “
Protection of Confidential Information. The Receiving Party agrees that it will not use or disclose to any third party any Confidential Information of the Disclosing Party, except for exercising its rights and performing its obligations under this Agreement. The Receiving Party will limit access to the Confidential Information to its employees and contractors who have a need to know, who are subject to confidentiality obligations no less restrictive than those set forth herein and who have been informed of the confidential nature of such information. In addition, the Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in no event with less than reasonable care. At the Disclosing Party’s request or upon termination of this Agreement, the Receiving Party will return to the Disclosing Party or destroy (or permanently erase in the case of electronic files) all copies of the Confidential Information that the Receiving Party does not have a continuing right to use under this Agreement, and, upon request, the Receiving Party shall provide to the Disclosing Party written notice certifying compliance with this sentence, unless prohibited by applicable law.
Exceptions. The confidentiality obligations set forth in this section will not apply to any information that: (a) is or becomes generally available to the public through no fault of the Receiving Party; (b) is lawfully provided to the Receiving Party by a third party free of any confidentiality duties or obligations; (c) the Receiving Party can prove, by clear and convincing evidence, was already known to the Receiving Party without restriction at the time of disclosure; or (d) the Receiving Party can prove, by clear and convincing evidence, was independently developed by employees and contractors of the Receiving Party who had no access to the Confidential Information. In addition, the Receiving Party may disclose Confidential Information to the extent that such disclosure is necessary for the Receiving Party to enforce its rights under this Agreement or is required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party promptly (to the extent legally permitted) notifies the Disclosing Party in writing of such required disclosure and reasonably cooperates with the Disclosing Party if the Disclosing Party seeks an appropriate protective order.
Remedies. Any breach or threatened or attempted breach of this Section 6.5 may result in immediate, irreparable harm for which monetary damages would be an inadequate remedy. If a court of competent jurisdiction finds that the Receiving Party has breached (or attempted or threatened to breach) any of the obligations set forth in this Section 6.5, the Receiving Party agrees that, without any additional findings of irreparable injury or other conditions to injunctive relief, it will not oppose the entry of an appropriate order compelling its performance and restraining it from any further breaches (or attempted or threatened breaches).
7. Service Failures
We do not guarantee that there is no downtime. We are not liable for any downtime.
Wicked Reports does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to Wicked Reports’ equipment or servers, (b) caused by outages to any public Internet backbones, networks or servers; (c) caused by any failures of your equipment, systems or local access services; or (d) relating to events beyond Wicked Reports’ control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Wicked Reports or your servers are located or co-located.
8. Representations and Warranties
You represent that you own your data and you have consent from your visitors to use Wicked Reports. We own our data. We cannot guarantee the integrity of the service.
You represent and warrant to Wicked Reports that you (a) own all right, title and interest in and to the URLs of your website; (b) own or have obtained all rights necessary to publish all of the content published on or through your website and the user interface of your website; and (c) have obtained all necessary consent(s) from Visitors required to enable the Services.
Wicked Reports does not represent or warrant that (w) the Services will be error-free or accessible at particular times, (x) defects will be corrected, (y) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (z) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.
You specifically agree that Wicked Reports shall not be responsible for unauthorized access to or alteration of the Customer Data or data from your Website. Wicked Reports does not guarantee storage of Customer Data. Storage space allocated to you is subject to agreement with Wicked Reports or the amount of available space.
9. Disclaimers, Limitation of Liability and Indemnification
We cannot guarantee the accuracy of stats. We do not guarantee the integrity of third-party links.
The service is provided “as-is”.
We explicitly limit our liability if something goes wrong.
9.1 GENERAL DISCLAIMERS
The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Complete accuracy in all aspects of your Statistics at all times also is not guaranteed. Changes are periodically added to the information herein. Wicked Reports and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes.
The Services may contain links to third party websites (“
9.2 DISCLAIMERS OF WARRANTIES
THE SERVICES, THE WICKED REPORTS TECHNOLOGY AND SERVICE, THE WICKED REPORTS TRACKING CODE AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY WICKED REPORTS EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE WICKED REPORTS TRACKING CODE, THE REPORTS, OR ANY DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WICKED REPORTS DOES NOT WARRANT THAT THE SERVICES, THE WICKED REPORTS TRACKING CODE OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
9.3 LIMITATIONS ON LIABILITY
WICKED REPORTS AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WICKED REPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL
WICKED REPORTS’ CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO WICKED REPORTS FOR USE OF THE SERVICES DURING THE SIX MONTHS PRECEDING THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY.
The parties agree that the limitations of liability set forth in this Section 9.3 shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The parties acknowledge that the Fees have been set and the Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.
If any third-party makes a claim against Wicked Reports by you not following our Terms of Service, you agree to indemnify, hold harmless, and possibly defend Wicked Reports at your expense. We reserve the right of exclusive defense and control of this. If this happens we will let you know by email within 30 days of us learning about the claim.
You agree to indemnify, hold harmless and (only if requested by Wicked Reports) defend Wicked Reports, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against Wicked Reports or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Wicked Reports or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of this Agreement, (b) your use of the Services, (c) your unauthorized use of the Wicked Reports Tracking Code, (d) your violation of law or the rights of a third party as a result of your use of the Services or otherwise, and (e) your disclosure of any Visitor data, including any Personally Identifiable Information, to Wicked Reports. In such instances, Wicked Reports will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to Wicked Reports within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. Wicked Reports reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9.5 USE OF ARTIFICIAL INTELLIGENCE.
With your consent, acceptance, or approval, the Services will include the experimental use of so-called artificial intelligence tools developed by us and third parties (“AI Tools”), including without limitation tools such as ChatGPT If any part of this exculpation provision is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect. By using the Services, you acknowledge that you have read, understood, and agreed to this exculpation provision, and that it constitutes a binding agreement between you and us.10. Term and Termination
We can suspend or shut off your account at any time. If your account is no longer active, you must remove the tracking code from your pages. Failure to do so or by violating these Terms, our code can modify, stop, or redirect your pages.
Wicked Reports may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason.
10.2 TERMINATION OF THE SERVICES
To terminate your use of the Services, please follow the steps described in Section 2 (“
Upon any termination of the Services (a) Wicked Reports will cease providing the Services; (b) you will delete all copies of the Wicked Reports Tracking Code from your web page(s); (c) any outstanding balance payable by you to Wicked Reports will become immediately due and payable and any collection expenses incurred will be included in the amount owed; (d) you will not be entitled to any refunds of any usage fees or any other fees; and (e) all of your historical report data will no longer be available to you through Wicked Reports.
In addition, upon expiration of any session with respect to a web page, you shall delete all copies of the Wicked Reports Tracking Code from such web page. You understand and acknowledge that, unless and until the Wicked Reports Tracking Code is deleted from a web page, the Wicked Reports Tracking Code may continue to track information on such web page on an automated basis. If you do not remove the Wicked Reports Tracking Code from your pages after account termination or after violating these Terms of Service, we reserve the right to activate functionality of our code that may (x) modify your page, (y) prevent your page from loading, or (z) redirect visitors to another web page upon the execution of the Wicked Reports Tracking Code.
10.3 EFFECT OF TERMINATION
Upon termination or expiration of this Agreement for any reason: (a) all rights and obligations of both parties, including all licenses granted hereunder, shall immediately terminate (except that all payment obligations accrued prior to termination or expiration shall survive); and (b) each party shall comply with the obligations to return or destroy all Confidential Information of the other party, as set forth in Section 6.5. Additionally, Wicked Reports shall have no obligation to retain any Customer Data after any termination or expiration of this Agreement and may delete all Customer Data, unless required by applicable law. All liabilities accrued under this Agreement prior to the effective date of termination and the following Sections will survive expiration or termination of this Agreement for any reason: 4 (Third Parties), 6 (Confidential Information; Proprietary Rights; Restrictions on Use, 8 (Representations and Warranties), 9 (Disclaimers, Limitation of Liability and Indemnification), 10.3 (Effect of Termination), 11 (Modifications to this Agreement and other Policies), and 13 (Miscellaneous, Arbitration, Choice of Law, and Venue).
11. MODIFICATIONS to this Agreements and Other Policies
We may update our Terms and/or Plans from time to time. We notify you as the changes are made.
Wicked Reports reserves the right at any time and from time to time to update, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Wicked Reports shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (a) by obtaining our written consent in an agreement signed by an officer of Wicked Reports; or (b) as set forth below in the immediately following paragraph.
You agree that Wicked Reports may modify the terms of this Agreement or any policy governing the Services from time to time, and that your right to access the Services is conditioned on an ongoing basis with your compliance with the then-current version of this Agreement. We will notify you of any material revisions or modifications to the Agreement by (x) posting a notice on the Wicked Reports Website the first time that you visit the Website following such revisions or modifications, (y) providing direct notice of such changes in a communication via email to the most recent email address we have on file, or (z) by other reasonable means. By continuing to use the Services, you consent to the revised or modified terms of this Agreement.
12. U.S. Government Rights
If the U.S. Government gets involved with us, they have to abide by this agreement as well.
If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (“
13. Miscellaneous; Arbitration, Choice of Law, and Venue
If we aren’t able to perform because things out of our control, it’s okay for us to not perform or delay performance.
This Agreement is enforced to the farthest capability it can be enforced.
If a dispute happens between us, and it has to go to the process of arbitration, it is to be handled in Boston, MA. Each of us are responsible for our own legal costs according to arbitration law. Regardless of the outcome both parties must honor this agreement. Please read the full legal section to read the full disclaimer and terms of the agreement to arbitrate. This doesn’t apply to claims regarding relief or intellectual property rights.
Massachusetts law supersedes this agreement except as described in this Section. Any disputes are under jurisdiction of the Suffolk county, Massachusetts court. All Wicked Reports Technologies and Services are controlled by U.S. Export Regulations. The United
Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act doesn’t apply to this agreement.
Any notices from Wicked Reports will come to you by email, post on our site, message in the app, or by first-class mail (if we have your address). Any notices to Wicked Reports must be emailed or mailed first class, air mail, or overnight courier, and are deemed given upon receipt. Email Address: support@Wicked Reports.com. Physical Address: Wicked Reports, 21 Doaks Lane, Marblehead, MA 01945.
Rights are non-transferable without our consent.
The headings in this agreement are merely for the purpose of convenience and doesn’t affect the legal copy.
Wicked Reports shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
13.2 SEVERABILITY AND WAIVER
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
13.3 ENTIRE AGREEMENT
13.4 AGREEMENT TO ARBITRATE
Certain portions of this Section 13.4 are deemed to be a “written agreement for arbitration” pursuant to the Federal Arbitration Act. You and Wicked Reports agree that we intend that this Section 13.4 satisfies the “writing” requirement of the Federal Arbitration Act.
If any controversy, allegation, or claim arises out of or relates to the Services, the Website, your Plan, or this Agreement, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “
In arbitration, as with a court, the arbitrator must honor the terms of this Agreement and can award the prevailing party damages and other relief (including attorneys’ fees). However, WITH ARBITRATION (a) THERE IS NO JUDGE OR JURY, (b) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (c) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
13.5 INJUNCTIVE RELIEF
The foregoing provisions of Section 13.4 will not apply to any (a) legal action taken by you or Wicked Reports to seek an injunction or other equitable relief or (b) controversy, allegation or claim that arises out of relates to your or Wicked Reports’ actual or alleged intellectual property rights.
13.6 CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of the state of Massachusetts without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Massachusetts law, rules, and regulations, Massachusetts law, rules and regulations shall prevail and govern. Except to the extent that arbitration is elected in accordance with Section 13.4 above, any action or proceeding relating to a Dispute may only be instituted in state or federal court in Suffolk County, Massachusetts. Accordingly, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Suffolk County, Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Wicked Reports Tracking Code and Wicked Reports Technology and Service are controlled by U.S. Export Regulations, and may not be exported to or used by embargoed countries or individuals.
Wicked Reports may deliver notice to you under this Agreement by (a) means of electronic mail, (b) posting a notice on the Wicked Reports Website, (c) a communication to your Wicked Reports account, or by (d) written communication delivered by first class U.S. mail to your address on record if one exists. Unless otherwise specified, any notices to Wicked Reports must be sent to: Wicked Reports, LLC 21 Doaks Lane, Marblehead, MA 01945 support@Wicked Reports.com via email or first class, air mail, or overnight courier, and are deemed given upon receipt.
13.8 TRANSFER OR RIGHTS
You may not assign or otherwise transfer any of your rights hereunder without Wicked Reports’ prior written consent, and any such attempt is void.
The relationship between Wicked Reports and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control of affect the meaning or construction of any provision of this Agreement.
14. Special Admonitions for International Use
This Website can be used around the world. We are based in the U.S. Make sure to know and follow your local law.
Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you operate or reside and to comply with any other local laws affecting the Services.
This Terms of Service has been effective since the date on the top of this page.